Page 1 of 112

NMDC Limited

(A Government of India Enterprise)

DONIMALAI IRON ORE MINE P.O: Donimalai Township, Taluk: Sandur, District: Bellary,

Karnataka- Pin/583 118 CIN: L13100AP1958G0I001674.

Date: 10/07/2018

PRESS NOTIFICATION FOR TENDER

Sealed Item-Rate Quotations are invited from experienced and qualified contractors for the

following.

Name of work Scope of work EMD ESTIMATED

VALUE

“Hiring of Mining

Machinery for Excavation

of Waste/Ore from beyond

MMX Section of Donimalai

Iron Ore Mine as indicated

in the plan attached with

tender documents.

Excavation of 24.00 LT (+/-

20%) of ore and 84.00 LT (+/-

20%) of waste in two years

and extendable by one more

year @ 12.00 LT (+/-20%) of

ore and 42.00 LT (+/-20%) of

waste per year by engaging

mining equipments as

detailed in tender document.

Blasting will be done by

NMDC at its own cost.

Rs.38.83

Lakhs

Rs.3883.13

Lakhs

The complete bid document can be viewed and /or downloaded from NMDC LTD.’s website:

http://www.nmdc.co.in and Central Public Procurement 10/07/2018 to 09/08/2018.

For accessing the tender document on line registration is required at NMDC LTD’s web site

link http://www.nmdc.co.in/nmdctender/default.aspx. The first-time users click as ‘New User’

and register themselves. For accessing the bid document from CPPP, the bidders have to click

on latest active bids at www.eprocure.gov.in Last date for sale of tender documents is

08/08/2018 up to 04:30 PM. Due date for submission of tender documents is 09/08/2018 up

to 10:30AM and the tender will be opened on the same day at 11:00AM.

General Manager

Donimalai Iron Ore Mine,

Donimalai

Page 2 of 112

TABLE OF CONTENTS

Sl No. Subject

Page No.

1 Notice Inviting Tender 3 - 10

2 Definitions & Interpretations 11-15

3 Part I - Instruction to Bidders 16-31

4 Part II - General Terms and Conditions 32-57

5 Part III - Financial and Commercial Terms 58-64

6 Part IV - Special Conditions 65-78

7 Annexure I, Letter of Undertaking 79-81

8 Annexure II, Contract Agreement 82-83

9 Annexure III, Information about Tenderer 84-86

10 Annexure IV, Work Done as PQR

Annexure IVA, work done by the Bidder’s associate /Consortium 87

88

11 Annexure V, Current commitment of Tenderer 89

12 Annexure VI, Exception and Deviation statements 90

13 Annexure VII, Statement of Machineries 91

14 Annexure VIII, Statement of Machineries to be Deployed 92

15 Annexure IX, Proforma for BG in lieu of EMD 93-96

16 Annexure X, Proforma for BG for Contract performance 97-99

17 Annexure XI , Proforma for Letter of Undertaking towards PF

code 100

18 Annexure XII, Proforma for Details of Turnover 101

19 Annexure XIII, Proforma for Letter of Credit 102-103

20 Annexure XIV, Proforma for Solvency certificate 103

21 Annexure XV, Checklist 104

22 Annexure XVI, Key Plan 105

23 Annexure XVII, Format of Integrity Pact 106-111

24 Price Bid (Schedule of Rates) 112

Page 3 of 112

NMDC LIMITED DONIMALAI IRON ORE MINE

PO: DONIMALAI TOWNSHIP - 583 118

TALUK- SANDUR, DIST: BELLARY, KARNATAKA

No.DNM/MNG/BMMX/HMM/2018-19 Date: 10/07/2018

NOTICE INVITING TENDER

1.0 Sealed item-rate quotations in two bid system (Part-A: Techno-Commercial

bid and Part-B: Price bid) are invited from experienced and qualified

Firm/Company/Contractor of repute for the following.

Name of

work

Scope of work

EMD

(Rs. in

Lakh)

Estimated

Cost of Work

(Rs.in Lakh)

Contract

Period

“Hiring of

Mining

Machinery for

Excavation of

Waste/Ore from

beyond MMX

Section of

Donimalai Iron

Ore Mine as

indicated in the

plan attached

with tender

documents.

Excavation of 24.00 LT (+/-20%)

of ore and 84.00 LT (+/-20%) of

waste in two years and

extendable by one more year @

12.00 LT (+/-20%) of ore and

42.00 LT (+/-20%) of waste per

year by engaging mining

equipments as detailed in

tender document. Blasting will

be done by NMDC at its own

cost.

38.83

(Rupees

thirty-

eight lakh

and

eighty-

three

thousand

only)

3883.13

(Rupees

three

thousand

eight

hundred

eighty-three

lakhs and

thirteen

thousand

only)

Initially for a

period of two

years.

Thereafter,

extendable by

one more year

with mutual

consent.

Note: The Bidder should follow the instructions/guidelines as mentioned in Tender

Documents while submitting their Bids.

2.0 Tender Document are obtainable from the following offices on payment of Rs.

17,700/- (inclusive of taxes & is non-refundable) per set during working hours

on any working day between 10/07/2018 and 08/08/2018 up to 04:30 PM.

i) The Dy. General Manager (Finance), NMDC Ltd., Donimalai Iron Ore

Mine, Donimalai Township, Bellary District, Karnataka, Pin: 583-118.

ii) General Manager (Finance), M/s NMDC Ltd, 10-3-311/A, Castle Hills,

Masab Tank, Hyderabad, A.P., Pin – 500 028.

iii) Officer-In-Charge, M/s NMDC Ltd Global Exploration Center,

Angela Cottage, Civil Lines, Raipur, Chhattisgarh 492001, India Pin -

492 001.

Page 4 of 112

iv) Chief Regional Manager (CRM), M/s NMDC Ltd, Regional Office,

Khanij Bhavan, Port Area, Vishakhapattanam, A.P., Pin -530 035.

v) Chief Regional Manager (CRM), M/s NMDC Ltd, 57, Kanakapura

Road, Near B.S. Madhava Rao Circle, Basavanagudi, Bangalore,

Karnataka, Pin -560 004.

vi) The complete set of tender document can also be downloaded from

NMDC Website http://www.nmdc.co.in / CPPP Portal at

www.eprocure.gov.in during 10/07/2018 to 09/08/2018. In such case, the

prospective Bidder will have to submit DD (non-refundable) for Rs.

17,700/- towards the cost of tender document along with the Bid in

favour of M/s. NMDC Ltd. payable at Donimalai preferably of Canara

Bank/ State Bank of India.

3.0 Bids completed in all respects and sealed, should reach the General Manager,

Donimalai Iron Ore Mine, Donimalai at 10:30AM on or before 09/08/2018.

In case the tender is very bulky and cannot be dropped in tender box or the

tender is being submitted by hand, then the tender shall be handed over to the

following officials of Department at 1st Floor of NMDC Limited, Donimalai

Complex, and P.O. Donimalai. Township, Distt Bellary, Karnataka 583118 on or

before 10:30AM on or before 09/08/2018.

a) Asif Sardar Khan, JO (Min.)

b) K. Suman, Jr. Steno.

The Part I of the tender shall be opened at 11.00 hours on 09/08/2018 in the

presence of bidders or their authorized representatives who choose to be present.

The authorized representatives witnessing the bid opening shall carry proper

authorization letter.

On opening of the tender, if the EMD in the form and manner specified in NIT,

duly signed letter of undertaking, Cost of tender document if downloaded from

website are not found in Part I of the tender and duly sealed Price Bid in a

separate envelope i.e. Part II of the tender is not found, such tenders shall be

considered unresponsive and summarily rejected.

Page 5 of 112

4.0 ELIGIBILITY & PRE QUALIFICATION CRITERIA:

The Bidders in order to qualify shall satisfy the following criteria:

4.1 Eligible Bidder:

4.1.1 All bidders shall submit a statement that the Bidder is not associated,

nor has been associated in the past, directly or indirectly, with the

Consultant or any other entity that has prepared the design,

specifications, and other documents for the proposed work. A

firm/Company that has been engaged by the Corporation to provide

consulting services for the preparation or supervision of the works, and

any of its affiliates, shall not be eligible to bid;

4.1.2 Government Owned Enterprises may only participate if they are

legally and financially autonomous, operate under commercial law

and are not a dependent agency of the Corporation;

4.1.3 Bidders shall not be under a declaration of ineligibility for corrupt and

fraudulent practices issued by the Corporation in accordance with sub

clause 15 of part-I (Instruction to the Bidders);

4.1.4 Sick Companies and Companies referred to BIFR needs not to apply.

4.2 Eligibility Criteria

4.2.1 Financial Criteria - Turnover

Average annual turnover of the bidder during last three (3) financial years

ending 31st March of 2017 shall not be less than Rs.1165.00 Lakhs (Rupees

Eleven hundred and sixty-five lakhs only).

4.2.2 Technical Criteria

For the technical criteria given at 4.2.2.1 & 4.2.2.2 the definition of “open

cast mine” will be as per Mines Act 1952 which includes mechanized mine /

quarry of Metallic minerals restricted to minerals as mentioned in Part C of

the First Schedule of the MMDR Act, 1957) / Coal mine / Limestone mine/

Diamond mine / sand stone mine/ silica sand mine/ granite mine.

4.2.2.1 The interested Bidder should have executed excavation of

minimum 7 Lakh tons of ROM/Waste or its equivalent in Cu.m in a

single mechanized ‘open cast mine’ in any one (1) year (work done

in a staggered manner during the year will also be considered)

during last 07 (seven) years ending last day of month previous to

the one in which tenders are invited.

Page 6 of 112

4.2.2.2 In the last 7 (seven) years ending last day of month previous to the

one in which applications are invited, Bidders must have

completed either of the following:

1. One work in “open cast mine” for value not less than

Rs.2330.00 lakhs each, OR

2. Two works in “open cast mine” for value not less than Rs.1359.00

lakhs each, OR

3. Three work in “open cast mine” for value not less than Rs.971.00

lakhs.

The definition of “work” will be drilling, excavation and one or

more of the following activities by engaging machineries:-

i. Transportation/Hauling

ii. Stacking / dumping at designated areas

The definition of ‘completed’ shall include those contracts / sub contracts

which are still under execution but have crossed the value mentioned

against each work order as stated above during the relevant time period for

the subject tender and have been so certified to have been completed to that

extent along with relevant details in a certificate issued by the principal

client for whom the work is being executed.

Any work done as a consortium / associate, JV etc shall also be considered

in support of the PQC at 4.2.2.2 provided there is documentary evidence

either in the form of MOU/Agreement of the JV or in a declaration by the

other members of that JV or the client confirming that the work was actually

executed by the bidder, giving relevant details as to the scope of work and

share of work.

Bids with Associate – if Applicable

The intending tenderer (Prime bidder) should have experience of core

mining activity of excavation. In case, the intending tenderer does not meet

any component of the experience criteria other than his core mining activity

i.e. excavation, completely on his own, he may submit the bid jointly with

maximum of one more bidder / firm for fulfilling the stipulated eligibility

criteria at 4.2.2.2. The tenderer, accordingly shall submit work orders and

completion certificates of the associates for such works in addition to those

of his own.

In case of bids submitted with associate, the value of completed work of the

tenderer combined with the value of work executed by the associate should

Page 7 of 112

be equal or more than the respective value stipulated at 4.2.2.2 (1), (2) and

(3).

The work experience of the bidder and associate will be evaluated based on

relevant documentary evidence like copy of work order / contract agreement

and completion/ performance certificate issued by the client and TDS

certificate (in case of work done for a private sector client). In case, the

bidder is not able to produce completion / performance certificate from

client, he may furnish relevant documents evidencing satisfactory

completion of work. Acceptance of such documents for the purpose of

evaluation will be at the discretion of NMDC Ltd.

The bidder shall also submit a joint undertaking along with his associate

indicating their details and respective scope of work with supporting

documents. The bidder shall also submit a letter on his letter head

conforming that the single point responsibility for timely execution and

successful completion of the scope of work as per tender stipulations shall

rest with the prime bidder only and also other compliances as detailed at

clause 30.0 of part-I.

The bidders shall furnish the details of such works executed by them along

with documentary proof including copies of work order/agreement, work

completion certificate, TDS certificate etc. The certificates submitted as

evidence of works executed for private organization should be accompanied

with TDS certificates. These certificates in addition to the certificate issued

by the organization shall form the basis for considering experience of work

executed for private organization. In case the bidder is a mine owner then

copy of the submission made to statutory government authorities for annual

production shall be submitted as documentary evidence in support of the

experience.

Note: Even though the bidders meet the above qualifying criteria they are

subject to be disqualified if they have made misleading or false

representations in the forms, statements and attachments submitted in proof

of the qualification requirements; and/or record of poor performance such as

abandoning the works, not properly completing the contract, inordinate

delays in completion, litigation history, or financial failures etc.

4.3.1 Net- worth:

The net-worth of the bidder (single entity) should be positive in each of the

three financial years as per the audited financial statements and Net-worth

means the sum total of the paid-up share capital and free reserves.

Free reserves means all reserves credited out of the profits and share premium

account but does not include reserves credited out of the revaluation of the

assets, write back of depreciation provision and amalgamation. Further any

Page 8 of 112

debit balance of profit and loss account and miscellaneous expenses to the

extent not adjusted or written off, if any, shall be reduced from reserves and

surplus.

Remarks:

In case the tenders are having the bid closing date up to 30th September of the

relevant financial year, and audited financial results of the immediate

preceding financial year are not available, the bidder has an option to submit

the audited financial results of the 3 years immediately prior to that. Wherever

the closing date of bid is after 30th September of the relevant financial year,

bidder has to compulsorily submit the audited financial results for immediate

3 preceding financial years.

4.3.2 Working Capital:

The working capital (current assets minus current liabilities) of the bidder

(single entity) shall be at least three (3) times the monthly cash flow

requirement. The minimum working capital shall not be less than Rs.485.00

lakhs / equivalent foreign currency.

Remarks:

For calculating the working capital, current assets and current liabilities will

be considered as classified in the audited balance sheet for the year

immediately preceding the date of issue of tender.

In case the tenders are having the bid closing date up to 30th September of the

relevant financial year, and audited financial results of the immediate

preceding financial year are not available, in such case the audited financial

results of the year immediately prior to that year will be considered as last

financial year for Working capital calculation. Wherever the closing date of the

bid is after 30th September of the relevant financial year, bidder has to

compulsorily submit the audited financial results for the immediate preceding

financial years.

Note:

1. Annual financial turnover of entities participating in the tender on their

own strength only shall be considered and not their related entities like

holding company, parent company, subsidiaries or group companies etc.

i.e., bidder shall be independent legal entities and shall have its own

independent financial accounting systems as per laws of the country.

2. The bidder’s financial evaluation vis-a-vis the requirement as stipulated

above shall be done on the basis of duly printed Annual Report for the

immediately preceding three (3) years submitted by the bidder along with

the bid. Further, standalone Audited Annual Financial Statement of the

bidder shall be forming part of the Annual Report.

In case, if the bidder has not submitted the above Annual Report along

with the bid, then the certificate from CEO / CFO shall be submitted along

with the bid mentioning that the requirement of Annual Report as per

governing law of country is not mandatory. In such cases, duly notarized

Page 9 of 112

copies of Audited Printed Annual Financial Statement, (Balance Sheet,

Profit & Loss Statement, cash flow statement, Auditor’s Report thereon

including all relevant Schedules / annexure, etc.) for the immediately

preceding three (3) years be submitted by the bidder along with the bid.

In case current assets and / or current liabilities are not classified

separately in audited Balance Sheet, a certificate from statutory Auditor

carrying out the Statutory Audit, for current assets and / or current

liabilities, as the case may be, clearly defining the items considered for the

same, should be enclosed. However, trade payables shall be a part of

current liabilities.

3. Wherever, the annual report / duly notarized copies of Audited Printed

Annual Financial Statement are in language other than English, then copy

duly translated & printed in English language and certified by approved /

recognized English translator shall be submitted with the bid.

4. For conversion to USD, the exchange rate at the end of the respective

accounting year shall be considered.

4.4 The Bidder should be financially sound and submit a solvency certificate in

original issued by any Nationalized Bank /Scheduled Commercial Banks

including foreign Banks having a branch in India for a value not less than Rs.

485.00 Lakhs and dated not earlier than three months from the due date of

submission of Bid. In case of bids with associate, all the members should be

solvent and their total solvency should not be less than the amount as mentioned

above.

4.5 The Bidder should have valid GSTIN and same may be indicated along

with tender document. In case of failure on part of the bidder to produce

GSTIN, his tender will be liable for rejection.

5.0 EMD (Earnest Money Deposit) shall be paid as per clause-I, Part – III (Financial

& Commercial Conditions) of the tender document. Bids, without EMD, shall

be rejected.

6.0 The Bidders shall furnish a copy of certified Balance Sheet and Profit & Loss

Account for the last three financial years prior to current financial year and

Income tax acknowledgement for the last three assessment year etc.

7.0 The Bidders shall keep the Bids valid for a period of 180 days from the date of

opening of Part - A of the Bid. This validity of the Bid shall be extended for any

such period as NMDC may desire. If a Bidder alters or withdraws his offer

within the validity period, his Bid will be cancelled and further the EMD

deposited by him shall be forfeited.

Page 10 of 112

8.0 Bidders may, in their own interest, can visit the site before submitting their

Bids at their cost.

The Techno-Commercial bid will be opened in the Office of General Manager

Donimalai Iron Ore Mine, Donimalai at 11:00 AM on 09/08/2018 in presence of

Bidders who desire to be present. Price bid of technically qualified bidders

will be opened later with due intimations to qualified bidders

Please visit our website: http://www. nmdc.co.in

General Manger

Donimalai Iron Ore Mine,

Donimalai

***********************

Page 11 of 112

NMDC LTD

DONIMALAI IRON ORE MINE

PO: DONIMALAI TOWNSHIP - 583 118

DIST: BELLARY, KARNATAKA

DEFINITION AND INTERPRETATION

WORK: Hiring of Mining Machineries for Excavation of 24.00 LT (+/-20%) of ore and 84.00

LT (+/-20%) of waste in two years and extendable by one more year @ 12.00 LT (+/-

20%) of ore and 42.00 LT (+/-20%) of waste per year by engaging mining

machineries for drilling, excavation, transportation, Weighment and

Staking/Dumping at designated areas. Blasting will be done by NMDC at its

own cost.

In the Tender Document the following terms shall have the meaning hereby

assigned to them except the context otherwise requires:

1.0 "Corporation/Owner/Employer" shall mean the NMDC Ltd., including its

successors and assign or its representatives authorized to act on its behalf for

the purpose of these presents;

2.0 "Chairman and Managing Director" shall mean the Chairman-Cum-

Managing Director of the Corporation;

3.0 "Executive Director/General Manager" means the Officer designated for

overall charge of the project and shall include any other Officer for the time

being placed in overall administrative charges of the Project;

4.0 "General Manager (Production)" shall mean the Officer designated for

overall charge of the mining work of the Project and any Officer subordinate

to him authorized in writing by him for the purpose;

5.0 “Engineer in charge means the Officer appointed as such by

Owner/Employer and notified to the Contractor and is responsible for

getting the Works executed in terms of the Contract /Agreement. He is the

interface between the Owner and the Contractor.

6.0 "Mines Manager" shall mean the Officer as defined by Clause 2(16) of

Metalliferous Mines Regulations 1961;

7.0 "Firm/Company/Contractor" shall mean the Bidder whose bid has been

accepted by the Corporation for the award of the Contract and shall include

Page 12 of 112

such successful Bidder’s legal representatives, successors and permitted

assigns.

8.0 “Agent” shall mean the person appointed or nominated by the

firm/Company/Contractor duly authorized and empowered to act on behalf

of firm/Company/Contractor and to receive on his behalf all notices and

communications;

9.0 "Agreement" shall mean the written instrument of agreement which the

firm/Company/Contractor shall enter into with the Corporation

incorporating the instructions to the Bidder, plans, drawings and

specifications for the work to be performed by the contractor, the Schedule of

Quantities, the Rates, Deliveries and the General terms and Special

conditions of Contract as have been accepted finally between the Successful

Bidder and the Corporation;

10.0 “Contract” shall mean the contract between the Corporation and the

successful bidder to execute, complete and maintain the Works;

11.0 ” Contract Document" shall mean the document comprising “Notice

Inviting Tender” , General and Special Conditions of Contract, Specifications

(Technical and General ), Drawings, Preamble to Bill of Quantities, Bill of

Quantities with accepted rates and amounts therein, other appendices,

letters, correspondences enclosed therewith, time schedule, Letter of Intent,

Work Order which have been accepted by the firm/Company/Contractor and

a formal agreement if any, executed between the Owner and the

firm/Company/Contractor. All these documents shall be complementary to

one another and shall be deemed to form one Contract;

12.0 “Contractors Bid” shall mean the Complete bid documents submitted by the

firm/Company/Contractor to the Corporation;

13.0 “Bill of Quantities” means the priced and completed bill of quantities

forming part of the bid.

14.0 "Work/Works/Job" shall mean the permanent works to be executed in

accordance with the Contract or part(s) thereof, as the case may be, and shall

include all extra or additional, altered or substituted work to be carried out in

accordance with the Contract.

15.0 “Contractor’s Equipment” shall mean the firm/Company/Contractor

Machineries and vehicles brought temporarily to the site to execute the

works.

Page 13 of 112

16.0 “Trained Work Person” shall mean are those employed / proposed to be

employed by the firm/Company/Contractor at the project site, who have

participated and are in possession of a valid competency certificate through a

programme run under the auspices of a University, State Technical board,

Ministry of Govt. of India;

17.0 `Effective Date of Contract' shall mean the date of issue of letter of

Intent./Letter of Award of Contract/Work order

18.0 “Start Date” shall mean the date given in contract Documents. It is the date

when the firm/Company/Contractor shall commence execution of the

works. It does not necessarily coincide with any of the site possession Date.

19.0 “Intended Completion Date” shall be the date on which it is intended that

the firm/Company/Contractor shall complete the works. The intended

Completion date may be revised only by the owner or by his nominee by

issuing an extension of time

20.0 `Letter of Intent’/Work Order/Letter of Award of Contract shall mean the

official notice issued by the Corporation notifying the successful bidder that

his proposal has been accepted;

21.0 "Specifications" shall mean schedules, detailed designs, statement of

technical data, performance characteristics and all such particulars

mentioned as such in the contract. In the absence of any specifications issued

by the Corporation, the specifications issued by the Bureau of Indian

Standards shall apply.

22.0 "Schedule of Quantities and Rates" shall mean the documents incorporated

in the agreement which are entered in the quantities of all work, labour,

material, plant, tools and equipment required for the execution of the

agreement and rates therefore at which the firm undertakes to carry out the

work.

23.0 “Notice in writing” or “written notice” shall mean a notice in written, typed

or printed characters given to the firm/Company/Contractor under the terms

of the contract which shall be considered duly served if the same has been

delivered to, left for or posted by registered post to the Contractor’s

Principal Place of Business (or in the event of the Contractor being a

Company, to or at its Registered Office) or at the site.

24.0 “Mobilization" shall mean establishment of sufficiently adequate

infrastructure by the firm/Company/Contractor at ‘site’ comprising

equipment, tools and tackles including setting up of site offices with facilities

such as power, water, communication, etc. establishing man-power

Page 14 of 112

organization comprising Project Manager/Resident Engineer, Engineers,

supervisory personnel and an adequate strength of unskilled, semi-skilled

and skilled workmen in order to commence the work at site(s) in accordance

with the ‘Contract’.

25.0 Mobilization Period : All the preliminary works such as deployment of

equipments at site, development of benches, laying of haul roads and

erection of weighbridges should be completed within Forty five days

(mobilization period) from the date of issue of Letter of Intent(LoI) and

work should commence immediately to achieve the targets as per the

schedules. The period of operation for the purpose of completion of quantity

will be reckoned after completion of the above period of 45 days.

26.0 “Drawings” shall mean any or all drawings including construction drawings

and sketches or any modifications of such drawings and sketches as may be

issued from time to time by the Corporation or its nominee to the

“firm/Company/Contractor” for the execution of the work.

27.0 “Site or site of work” shall mean and include the land and other places on,

which may be allocated or used by the Corporation or

firm/Company/Contractor in the performance of the Contract. It also

includes such other land or place as may be made available to the contractor

by the Corporation for temporary works or for other purposes connected

with the execution of the agreement.

28.0 "Plans" shall mean all Maps, sketches and lay-outs as are incorporated in the

contract in order to define broadly the scope and specifications of the work or

works and all reproductions thereof.

29.0 “Tender Drawings” shall mean such drawings, plans, sketches and details

which are issued by the Corporation along with the tender documents for

the purpose of preparing bid proposals and shall be taken only as indicative

only.

30.0 “Temporary work" shall mean and include all temporary works of every

kind required for the execution of the work/works as incidental and ancillary

thereto.

31.0 “Site Investigation Report” shall mean the reports which were included in

the tender documents and are factual interpretative reports about the surface

and sub-surface condition of the site

32.0 “Operational Year” shall mean twelve months reckoned from the date of

issue of the work order. A “day” shall mean twenty four hours from mid

Page 15 of 112

night to mid night irrespective of the number of hours of work in that day.

A “week” shall mean 7 days from Sunday or such other period of 7 days as

may be prescribed by the General Manager from time to time. A “Fortnight”

shall mean the period from the first day of a calendar month to the fifteenth

day of that month or from 16th day of the calendar month to the last day of

that calendar month, both days inclusive.

33.0 “Singular & Plural” Words importing the singular number shall also include

the plural and vice-versa where the context does not require otherwise.

34.0 “Headings & Marginal Headings” The Headings and marginal headings in

these General conditions are solely for.

35.0 “Communications” shall mean Communications between parties which are

referred to in the conditions are effective only when in writing. A “Notice”

shall be effective only when it is delivered (in terms of Indian Contract Act

1872).

36.0 “Waste” shall mean the material which cannot be fed to the plant.

37.0 “ROM” shall mean the material other than Waste.

38.0 “Bidders” shall mean the contractor/firm/company who respond to an

invitation to the bids by the Corporation to execute the work.

39.0 “Successful bidder” shall mean firm/company/contractor whose bids has

been accepted by the Corporation for award of work.

40.0 “Designated Area” shall mean stockpiles/waste dump which will be within

a average lead distance of 1.4KM/4.6 KM (one way) from excavation areas.

***************

Page 16 of 112

NMDC LTD

DONIMALAI IRON ORE MINE

PO: DONIMALAI TOWNSHIP - 583 118

DIST: BELLARY, KARNATAKA.

PART - I

INSTRUCTIONS TO BIDDERS

1.0 PREAMBLE:

Sealed Bids are invited by General Manager, Donimalai Iron Ore Mine of

NMDC Ltd., for providing Mining Machineries for Waste/Ore excavation in

Beyond MMX deposits of Donimalai Iron Ore Mine in accordance with the

terms and conditions, requirements and specifications set out in these tender

documents.

2.0 SUBMISSION OF BIDS:

Bids must be submitted to the General Manager, NMDC Ltd., Donimalai Iron

Ore Mine, in sealed envelopes, super-scribed on the top “Name of the Work”.

The Bidder has the option of submitting the bid in person (by dropping bid

document in the appropriate tender box placed in the General Manager’s

Office at 1st Floor, Administrative Building, NMDC Ltd, P.O.- Donimalai

Township, District- Bellary, (Karnataka) within due date/time, or by sending

the bids by registered post/courier so as to reach at the General Manager’s

Office at 1st Floor, Administrative Building, NMDC Ltd, P.O.- Donimalai

Township, District- Bellary, (Karnataka) by the time / date mentioned in the

tender Document. The responsibility for depositing the Bids in the correct

Tender Box within the stipulated time/date rests with the Bidder. Bid submitted

by Telex/ Telegram/E-mail will not be accepted. Bids received after the stipulated

date / time will not be accepted. The Corporation will not be responsible for any

postal delay.

3.0 FORMAT AND SIGNING OF BID:

3.1 The Bidder shall submit one original and four copies of the documents

comprising the bid in the manner as described in sub clause 2.0 above of

Instructions to Bidders. Documents comprising bid should have solid

binding and clearly marked ‘ORIGINAL” and ‘COPY” as appropriate. In

the event of discrepancy between them, the “‘ORIGINAL” shall prevail.

The bidder’s bids and the documents attached thereto shall be considered for

forming part of the “Contract Documents”.

Page 17 of 112

3.2 The Original and Copy of the Bid shall be typed or written in indelible

ink on white paper in sequentially numbered pages and be in solid

binding and shall be signed by the bidder or a person or persons legally

authorized to sign on behalf of the Bidder/Bidders. All pages of the bid

where entries or amendments have been made shall be signed by the

person or person’s signing the bid.

3.3 Corrections and alterations in the bid documents should be avoided. The

Bid shall contain no alterations or additions, except those to comply with

instructions issued by the Corporation, or as necessary to correct errors

made by the bidder in which case all such corrections should be done by a

pen, and all such alterations must be signed (full signature) with date by

the person or persons signing the bid. Failure to do so may cause rejection

of the Bid by Corporation.

3.4 All documents relating to bid shall be in the English language.

4.0 FORM AND MANNER OF SUBMISSION OF BIDS:

4.1 Bids must be submitted so as to confirm to the Performa for Schedule of

Quantities and Rates and other forms annexed to these Tender documents.

Bids shall be prepared by typing or writing with indelible ink on white

paper in sequentially numbered pages and be in solid binding.

4.2 Tender Documents, schedule of quantities and plan/drawings and any

other enclosures submitted by the Bidder must be properly signed or

initialed and dated at the bottom right hand corner of each page and also

signed and dated at the place mentioned in the documents by the bidder or

such person or persons on his behalf as are legally authorized to sign for

the bidder/bidders.

4.3 A person signing the Bid or any documents forming part thereof on behalf

of the Bidder or on behalf of any other such person shall be deemed to

warrant that he has the requisite authority to sign for such other and if, on

enquiry, it appears that the person so signing has no authority to do so, the

Corporation may, without prejudice to any other civil and criminal

remedies, cancel the agreement and hold the signatory liable for all costs

and damages.

4.4 If the Bidder be a firm, all partners of the firm or such persons as may be

legally competent to sign for the firm should sign the Bid documents. If

the Bidder be a Company, the common seal of the Company should be

affixed and signed by such person or persons as may be authorized by the

Articles of Association of the Company (a copy of which should be sent

with the bid) to sign for the company. In any case, the Bidder should

disclose this constitution of Firm/Company and copies of all necessary legal

documents in support thereof should be submitted with the bid and the

Page 18 of 112

original thereof should be produced as and when called for by the

Corporation.

4.5 Bids shall be submitted in Two (2) parts - Part-A, Part-B. Part A shall include

EMD, Letter of Undertaking (as per Form Annexed) along with cost of

tender document (if downloaded from the website), and technical offer and

commercial conditions and blank formats of Price Schedule (without any

rate or amount). Part B shall include the Price Schedule(s) duly filled in.

Price schedule copy in Part-A must be identical of the price schedule copy to

be submitted in Part-B, except that the copy in Part-A should not contain any

price figure. All commercial conditions shall be included in Part-A. The

Two parts shall be submitted in two separate sealed envelopes super scribed

on top as PART A – EMD, LETTER OF UNDERTAKING AND TECHNICAL

& COMMERCIAL OFFER and PART-B - PRICE BID respectively. All the two

bids must show the bidder’s Name and Address on the outside. These two

sealed envelopes consisting of Part A & Part B shall be submitted in another

sealed envelope, super scribing the tender No., name of the work, due date

of submission and name and address of the bidders, on the envelope. Bids

as aforesaid must be submitted in five copies (one original and four copies) at

the address and by the time and date mentioned in the Notice Inviting

Tender.

4.6 The rates should be carefully and properly filled in the schedule of hire

charges of the Mining Machinery. All rates should be indicated in words

as well as in figures.

4.7 Rates quoted by the bidders in figures and words should be accurately

filled in, so that there is no discrepancy between the rates so written in

figures and words. Additional conditions and stipulations, if any, must be

entered below the Schedule or attached thereto. Any statement and/or

letter signed separately and issued to the Corporation either before or after

the submission of bids may not be considered.

4.8 Bidders should quote rates for all works indicated in the Tender

documents and in the schedule. Rate quoted for one particular work alone

in the schedule may not be considered and such a bid may not be

considered and it may be summarily rejected.

5.0 DEADLINE FOR SUBMISSION OF THE BIDS

Bids must be received by the Corporation at the address specified in the

Tender Document not later than 09/08/2018 at 10.30AM. In the event of the

specified date for the submission of bids being declared a holiday by the

Corporation, the Bids will be received up to the appointed time on the next

working day. The Corporation may extend the deadline for submission of

bids by issuing an amendment in accordance with Clause 9, Part –I below. In

Page 19 of 112

that case all rights and obligations of the Corporation and the bidders

previously subject to the original dead-line will then be subject to the new

deadline.

6.0 MODIFICATION AND WITHDRAWAL OF BIDS

6.1 Bidders may modify or withdraw their bids by giving notice in writing

before the deadline prescribed in Clause 5 Part - I above.

6.2 Each Bidder’s modification or withdrawal notice shall be prepared, sealed,

marked, and delivered in accordance with Clauses 3 & 4, Part –I with the

outer and inner envelopes additionally marked “MODIFICATION” or

“WITHDRAWAL” as appropriate.

6.3 No bid may be modified or withdrawn after the deadline for submission

of Bids.

6.4 Withdrawal or modification of a Bid between the deadline for submission

of bids and the expiration of the original period of bid validity as per

Clause 25 of Part I and/or as extended pursuant to Clause 25.1 of Part I

(Instructions to bidders) and/or extended pursuant to Clause 25.2 of Part I

(ITT) may result in the forfeiture of the EMD to Clause 2, Part III

(Commercial & Financial Conditions)

6.5 Bidders may only offer discounts to, or otherwise modify the prices of

their Bids by submitting Bid modifications in accordance with this clause

or included in the original Bid submission.

7.0 ONE BID PER BIDDER

Tender documents are non-transferable and shall be used by the party to whom

it has been issued. Each bidder shall submit only one bid for one package. A

bidder who submits or participates in more than one Bid (other than as a

subcontractor or in cases of alternatives that have been permitted or requested)

will cause all the proposals with the Bidder’s participation to be disqualified.

8.0 ALTERNATIVE PROPOSALS BY BIDDERS

Bidders shall submit offers that comply with the requirements of the bidding

documents, including the basic technical design as indicated in the drawing and

specifications. Alternatives will not be considered.

9.0 AMENDMENT OF TENDER DOCUMENTS

9.1 Before the deadline for submission of bids, the Corporation may modify

the bidding documents by using addendum;

Page 20 of 112

9.2 Any addendum thus issued shall be part of the bidding documents and

shall be communicated in writing or by E-Mail/ FAX to all the purchasers

of the bidding documents. Prospective bidders shall acknowledge receipt

of each addendum by E-Mail/FAX to the Corporation;

9.3 To give prospective bidders reasonable time in which to take an

addendum into account in preparing their bids, the Corporation shall

extend as necessary the deadline for submission of bids, in accordance with

clause 5, Part I above.

10.0 DATE AND TIME OF OPENING OF BIDS:

10.1 Bids will be opened at the time and date mentioned in the Tender Notice

in the presence of the Bidders or their authorized representatives who

choose to be present;

10.2 On the due date and appointed time as specified in Notice Inviting Tender

(NIT), the officer nominated to open the bids will first open envelopes

1(original) of all bids received within stipulated date & time including

modifications made pursuant to clause 6, Part I above in presence of the

Bidders or their representatives who choose to attend. In the event of the

specified date for Bid opening being declared a holiday by the

Corporation, the Bids will be opened at the appointed time and location on

the next working day.

10.3 Envelopes marked “WITHDRAWAL” shall be opened and read out first.

Bids for which an acceptable notice of withdrawal has been submitted

pursuant to clause 6 above shall not be opened.

11.0 CLARIFICATION ON THE BIDS

11.1 To assist in the examination and comparison of Bids, the Corporation may,

at his discretion, ask any Bidder for clarification of his Bid, including

breakdown of unit rates. The request for clarification and the response shall

be in writing or by telephone/e-mail, but no change in the price or

substance of the Bid shall be sought, offered, or permitted except as

required to confirm the correction of arithmetic errors discovered by the

Corporation in the evaluation of the Bids in accordance with clause 13

below;

11.2 During the processing/evaluation of the tender proposals, the bidders may

be required to attend to the Corporation’s office for

discussions/clarifications. Bidders, on request from the Corporation, shall

attend bid discussions at their cost;

Page 21 of 112

11.3 Subject to sub-clause 11.1, no Bidder shall contact the Corporation on any

matter relating to his bid from the time of the bid opening to the time the

contract is awarded. If the Bidder wishes to bring additional information to

the notice of the Corporation, he should do so in writing;

11.4 Any effort by the Bidder to influence the Corporation’s bid evaluation, bid

comparison or contract award decisions, may result in the rejection of his

bid.

12.0 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS

12.1 Prior to detailed evaluation of Bids, the Corporation will determine

whether each Bid:

12.1.1 Meets the eligibility criteria defined in Clause 4- Notice Inviting

Tender;

12.1.2 Has been properly signed by an authorized signatory (accredited

representative) holding Power of Attorney in his favour. The

Power of Attorney shall interalia include a provision to bind the

Bidder to settlement of disputes clause;

12.1.3 Is accompanied by the required EMD; and Letter of Undertaking

12.1.4 Is responsive to the requirements of the Bidding Documents.

12.2 A responsive Bid is one, which conforms to all the terms, conditions and

specification of the Bidding documents, without material deviation or

reservation. A material deviation or reservation is one

12.2.1 which affects in any substantial way the scope, quality or

performance of the Works

12.2.2 which limits in any substantial way, the Corporation’s rights or

the Bidder’s obligations under the Contract; or

12.2.3 Whose rectification would affect unfairly the competitive

position of other Bidders presenting responsive Bids.

12.3 If a Bid is not substantially responsive, it will be rejected by the

Corporation, and may not subsequently be made responsive by correction

or withdrawal of the non-conforming deviation or reservation.

Page 22 of 112

13.0 CORRECTION OF ERRORS

13.1 Bids determined to be responsive will be checked by the Corporation for

any arithmetic errors. Errors will be corrected by the Corporation as

follows:

13.2 Where there is a discrepancy between the rates in figures and in words,

the rate in words will govern; and

13.3 Where there is a discrepancy between the unit rate and the line item total

resulting from multiplying the unit rate by the quantity, the unit rate as

quoted will govern;

13.4 The amount stated in the Bid will be adjusted by the Corporation in

accordance with the above procedure for the correction of errors and, with

the concurrence of the Bidder, shall be considered as binding upon the

bidder. If the Bidder does not accept the corrected amount the Bid will be

rejected, and the EMD shall be forfeited in accordance with Clause 2.0 part

III (Commercial & Financial Conditions)

14.0 EVALUATION AND COMPARISON OF BIDS

14.1 The Corporation will evaluate and compare only the Bids determined to be

responsive in accordance with clause 12, Part -I above.

14.2 In evaluating the Bids, the Company will determine for each Bid the

evaluated Bid Price by adjusting the Bid Price as follows:

14.2.1 Making any correction for errors pursuant to Clause 13 above

making appropriate adjustments to reflect discounts or other price

modifications offered in accordance with Sub Clause 6.5 Part –I

above.

14.2.2 Manner of evaluation of Price-Bid will be done on “Overall Price”

basis which includes weighment charges and GST. (i.e. grand total

for excavation of 84 LT waste and 24 LT ore, Including Taxes)

14.3 The Corporation reserves the right to accept or reject any alternative offer.

Alternative offers and other factors which are in excess of the

requirements of the Bidding documents or otherwise result in unsolicited

benefits for the Corporation shall not be taken into account in Bid

evaluation.

14.4 The estimated effect of the price escalation conditions under Clause 16 of

part IV (Special Conditions), during the period of implementation of the

Contract; will not be taken into account in Bid evaluation.

Page 23 of 112

14.5 If the Bid of the successful Bidder is seriously unbalanced in relation to

the Corporations or its nominee’s estimates of the cost of work to be

performed under the contract, the Corporation may require the Bidder to

produce detailed price analyses for any or all items of the Bill of

Quantities, to demonstrate the internal consistency of those prices with the

implementation methods and schedule proposed.

14.6 Requirement of submission of analysis by the bidder should be complied

and submitted to the Corporation or his nominee within the stipulated

time fixed by the Corporation or his nominee failing which the bid would

be treated as non responsive.

15.0 CORRUPT OR FRAUDULENT PRACTICES

15.1 The Employer requires that Bidders under this contract observe the highest

standard of ethics during the execution of this contract. In pursuance of

this policy, the Corporation:

15.1.1 defines, for the purpose of these provisions, the terms set forth as

follows:

15.1.1.1 “Corrupt Practice” means the offering, giving, receiving or

soliciting of anything of value to influence the action of a

public official in the procurement process or in contract

execution; and

15.1.1.2 “Fraudulent Practice” means a misrepresentation of facts in

order to influence a procurement process or the execution of

a contract to the detriment of the Corporation, and includes

collusive practice among Bidders (prior to or after bid

submission) designed to establish bid prices at artificial non-

competitive levels and to deprive the Corporation of the

benefits of free and open competition.

15.1.2 Will reject a proposal for award of work if he determines that the

Bidder recommended for award has engaged in corrupt or

fraudulent practices in competing for the contract in question.

15.1.3 Will declare a Bidder in eligible, either indefinitely or for a stated

period of time, to be awarded a contract/contracts if he at any time

determines that the Bidder has engaged in corrupt or fraudulent

practices in competing for, or in executing, the contract.

Page 24 of 112

16.0 GENERAL CONDITIONS OF AGREEMENT AND STANDARD

SPECIFICATIONS FORM PART OF BID DOCUMENTS

Intending Bidders are advised to study the Instructions to Bidders, the General

and Special conditions of the agreement, the work and drawings and to make

themselves familiar with their contents. All such instructions to Bidders shall

govern the agreement and shall form part of the agreement and bind the

Bidders.

17.0 TENDERERS TO STUDY DRAWINGS, SPECIFICATIONS AND LOCAL

CONDITIONS OF WORK AT SITE:

17.1 Bidders should, in their interest, study the map, drawings and

specifications and in regard to the different materials referred to in the

specifications or indicated in the drawings, satisfy themselves as to the

source of supply of the materials and sufficiency and adequacy thereof in

relation to the purposes for which they are intended. It will be presumed

that Bidders have visited and seen the site at which the work is to be

executed and that bids are based on a full knowledge of working

conditions of soil, availability of materials, water, electric power,

labour, transportation facilities, probable sites for labour camps and

stores, go-downs, and the extent of lead and lift and all other factors

involved in the execution of the works.

17.2 Any information or any matter derived from these tenders documents, in-

cluding plans, drawings and specifications or obtained from the

Corporation as defined in the General conditions of Contract shall not

absolve or relieve the Bidders of any risk or of fulfilling all the terms and

conditions of the bid including execution of all details which shall also

cover incidental works not particularly mentioned in the tender

documents but which, whether temporary or permanent, must evidently

be required by reason for the nature of the works included in the tender.

It shall be deemed that the Bidders has understood the position as set

forth above while framing his bid.

18.0 CLARIFICATION OF CONTENTS OF TENDER DOCUMENTS:

Should an intending Bidders require any clarifications in connection with or

point covered by the tender documents or as to any matter or thing to be done or

not to be done by him in the event that the work is awarded to him, he must

submit a request for such clarifications in writing so as to reach the General

Manager, NMDC Ltd., Donimalai Iron Ore Mine, PO: Donimalai Township 583

118, Bellary Dist. Karnataka, at least seven days in advance of the last date of

the tender sale. Copies of any such clarifications furnished by the

Corporation will be supplied to all other intending Bidders to whom sets of

tender documents may have been sold by the Corporation and such

Page 25 of 112

clarifications will constitute addenda and be read as part of the tender

documents.

19.0 INFORMATION TO BE FURNISHED BY THE BIDDERS ALONGWITH BID

Each Bidder shall submit a declaration as to whether he is an Individual, Firm,

or Association of Firms, Company or Corporation and has successfully carried

out work of that type and magnitude covered by these Tender documents and

has the requisite capability including technical and other resources to handle the

work. Full information, supported by documentary evidence shall be furnished

by the Bidder in regard to the following among other things so as to demonstrate

his ability to undertake the work as specified. The Bidder should be financially

sound and shall submit a solvency certificate issued by any scheduled

Commercial banks including foreign bank having a branch in India in

addition to Nationalized Bank for a value not less than Rs. 485.00 Lakhs and

dated not earlier than three months from the due date of submission of bid. In

case of bids with associate, all the members should be solvent and their total

solvency should not be less than the amount as mentioned above.

19.1 In the case of firm, Company or Corporation the following are to be

submitted:-

19.1.1 The legal name, the nature of business and the date and place of

registration (including the state of Incorporation where it is

Incorporated/Registered as the case may be);

19.1.2 The Authorized, Subscribed and Paid Up Capital;

19.1.3 The names and addresses of all Directors, including those of the

Chief Executive, President, Secretary or other person authorized to

bind the Firm, Company or Corporation in the matter. (A copy of

the Memorandum and Articles of Association should be enclosed);

19.1.4 In the case of partnership, the names and addresses of partners (A

copy of the Partnership Deed should be enclosed);

19.1.5 In the case of an Association of Firms, the details of all the

participating firms should be enclosed;

19.1.6 Previous experience indicating the similar type of work with details

of engaging Mining Machineries for excavation of Waste/Ore on hire

basis during the last 07 (Seven) years ending last day of month

previous to the one in which applications are invited with value

(Copy of Work Order & satisfactory completion Certificate is to be

submitted along with tender Document).

Page 26 of 112

19.1.7 Details of other works, if any tendered for and in hand on the date of

submission of the tender as also the list of important work(s)

executed by the tender in the following proforma:

Sl.

No

.

Name

of

work

Work order

No. & date

Name &

Address

of Company

authority

for whom

executed

Total cost

of work

(Rs.in

lakhs)

Appx. Cost

of work

Executed

by Bidder

(Rs.in lakhs)

Month/

Year of

Completion

of work

1 2 3 4 5 6

7

Above information should be supported by documents i.e. Work Order,

Agreement Copies & satisfactory completion certificate. TDS Certificates for

the works executed for Private Organizations.

19.1.8 Full details of Key/ Statutory/Technical personnel of the Bidders,

who will be assigned to this work;

19.1.9 Complete relevant equipment details (with full specifications,

registration number, ownership, if not owned furnish the

agreement of hiring the Equipment for usage of heavy earth

moving equipments like Drills, Dozers, Tippers, Excavators, Water

Sprinklers, Weigh Bridge. In case of hired/leased Equipment, the

copy of the agreement with the Owner and the Ownership

Certificate of those equipment to be submitted along-with Bid

otherwise an undertaking by the Bidder to submit the copy of the

agreement with the Owner and the Ownership Certificate of hired

equipment, if the work awarded to them ;

19.1.10 Sufficient facts concerning financial resources;

19.1.11 Statement duly signed declaring the names of Directors, Officers

of the rank of Assistant Manager and above of Corporation who

be related to him;

19.1.12 Declaration to be given by the Bidder on his letter head that the

firm is not blacklisted by any PSU/Govt Body. On verification if it

is found that the Bidder has given misleading /false information,

then his Bid will be summarily rejected.

19.1.13 Authority to seek references from the Bidder’s bankers;

Page 27 of 112

19.1.14 Information regarding any litigation, current or during the last

seven years, in which the Bidder is involved, the parties concerned,

and disputed amount;

Non-submission of documentary evidence on any of the above mentioned

aspects may render the tender liable to be summarily rejected. The

Corporation will be the sole judge as to the merits of the Bidders ability to

perform the work.

20.0 LICENCES UNDER CONTRACT LABOUR (Regulation & Abolition) ACT,

1978.

The Bidders should ensure the obtention of requisite license for engaging the

man power from the appropriate Licensing Officer under Chapter IV.12 (1) of the

Contract Labour (Regulation & Abolition) Act, 1978.

If the party has carried out the similar nature of work in past or if there is any

running work a copy of the license obtained to be enclosed as stated.

21.0 CORPORATION'S RIGHTS

21.1 TO REJECT TENDER-

Award of the work will be made at the absolute discretion of the

Corporation, which shall not be questioned. The Corporation reserves to

itself the right to reject any tender without assigning any reason

whatsoever. A Bidder whose tender is not accepted shall not be entitled to

claim any costs, charges, expenses incidental to or incurred by him, through

or in connection with the preparation and submission of his tender.

Conditional tenders may be rejected without assigning any reasons thereof.

21.2 TO SPLIT THE WORK-

The Corporation also reserves the right to split the work/works indicated

in the tender document without assigning any reason.

22.0 ADVICE OF RESULT OF TENDERS:

Successful Bidders will be advised of the result by the Corporation by a written

communication.

23.0 SUB-CONTRACT OF WORKS IN WHOLE OR PART:

23.1 The selected Bidder shall not assign or grant any work or any part thereof

or any share or interest therein in favour of any one without the special

permission in writing of the Corporation in each case and except upon such

conditions as the Corporation may think fit to prescribe. Even in the event of

any part thereof is permitted by the Corporation, the fact that such

Page 28 of 112

permission has been accorded shall not establish any relationship between

such other firm and the Corporation and the selected bidder shall always

remain responsible to the Corporation for the work being done under his

sole responsibility and at his own risk under the same conditions as if done

by him;

23.2 If intending Bidders desire to sub-contract the work or any portion

thereof, full details of the persons/party proposed to be employed by them

shall be furnished showing the name and place of business of each such

person or party and the amount and nature of the work to be performed by

each of them;

23.3 Any person/party other than the Bidder herein will have no claim

whatsoever on the Corporation for the work done by him for the

Company;

23.4 Further the contractor cannot give back to back contracts or sublet the

whole contract.

24.0 WRITTEN AGREEMENT COVERING WORK.

The written instrument of agreement governing the work to be entered into

between the Corporation and the selected Bidder shall be in conformity with the

draft enclosed in all respects.

25.0 PERIOD OF VALIDITY:

25.1 Bidder should expressly and in clear terms undertake to keep their

tenders valid and open for acceptance by the Corporation for a period of

six months reckoned from the date fixed for opening of Part- A of the Bid.

25.2 If due to any reason the bid could not be finalized by the Corporation, in

such case the extension of the bid validity by the bidder shall be asked for a

suitable period. Extension of the bid validity for the required period if not

done, the bid will not be considered valid.

26.0 ADDRESS OF BIDDERS:

Bidders are required to state in the Bid their current address fully and correctly.

All notices, communications and references to any Bidder by the Corporation

shall be deemed to have been duly given to the bidder if delivered to the bidder

or posted to the address given in the case of posting on the day on which they

would have reached such address in the ordinarily course of post and in other

cases on the day on which they were so delivered or left.

Page 29 of 112

27.0 TAXES

27.1 GOODS AND SERVICE TAX:

Price quoted shall comprise of basic price, all duties, taxes and levies plus Goods

and Service Tax as may be applicable.

GST is to be quoted separately in the column mentioned in the price schedule.

Applicable GST rate & amount of the same to be separately indicated in the price

schedule of tender document.

It is the responsibility of bidder to quote appropriate and applicable GST rate as

per the notified GST rate schedule. On examination of bids, if the percentage of

Goods & Service Tax and amount indicated by the bidder is found to be incorrect,

NMDC reserves the right to correct the Goods & Service Tax as per applicable tax

provisions and GST rate schedule for the purpose of evaluation of bids.

Further, any statutory variations in the rate of Goods & Service Tax during the

contract period will also be paid/ recovered against appropriate evidence.

The Goods & Service Tax Identification number (GSTIN) issued by the concerned

authorities is to be provided by the tenderer including certificate of GST

registration.

28.0 NO CLAIM IF WORK IS ABANDONED OR POSTPONED:

The successful bidder shall have no claim whatsoever against the Corporation if the

work or any part thereof covered by these tender documents is postponed to any later

date or abandoned in the overall interest of the Corporation for any reason

whatsoever. The Corporation's decision in the matter shall be final and binding on

successful bidder.

29.0 SUBMISSION OF INTEGRITY PACT

The Integrity Pact has to be signed by the Proprietor / Owner / Partner / Director or

by their duly Authorized signatory. Failure to submit the Integrity Pact along with

offer / bid, duly signed by the authority as mentioned above, will disqualify the

offer / bid. Bidders are required to submit Integrity Pact along with their bid as per

format and manner as given in bidding document and complying with the following

requirements:

29.1 Bidder shall submit the Integrity Pact document on its Company’s Letter

head, duly signed by the authorized representative on all pages.

29.2 The bidder / contractor undertake to demand from all sub-contractors the

commitment consistent with this integrity pact and to submit it to the Principal before

contract signing.

29.3 The principal will enter into agreement with identical conditions of IP (of

pro-forma) with all bidders, contractors and sub contractors.

29.4 The principal will disqualify from the tender process all bidders who do not

sign this pact and submit it to the Principal along with the offer.

29.5 If the Bidder / Contractor is in a partnership or a consortium, the Integrity

Pact shall be signed by all the partners or consortium members.

Page 30 of 112

29.6 On behalf of NMDC, the Integrity Pact will be signed by the authorized

nominee on receipt of Integrity Pact signed by the Bidder.

29.7 The Integrity Pact shall be submitted in a separate envelope duly super

scribing “Integrity Pact” and submitted with Part-I of the offer.

29.8 The Bidder shall not change the contents of Integrity Pact.

29.9 The Bidder / Contractor will abide by the conditions given in the IP document

enclosed as annexure along with the Bid document.

29.10 The details (Name & Address) of the External Independent Monitors

nominated for the Bid are to be given in tender documents.

30.0 Requirements for Bids submitted with associate(s)

30.1 The tenderer shall submit notarized copy of Memorandum of Agreement

(MOA) entered into by the tenderer and associate(s) prior to stipulated due

date of submission of bids and valid till Time for Completion plus Defect

Liability Period for the Facilities. The MOA shall necessarily consist of the

following:

a. Responsibility matrix clearly outlining the proposed roles &

responsibilities of tenderer and his associate and percentage share of

work of tenderer and associate(s).

b. The Tenderer necessarily shall be designated as leader.

c. The Tenderer and associate(s) shall be jointly and severally responsible

for the execution of the Contract. However, single point responsibility

and liability for timely execution and successful completion of the Works

shall rest with the tenderer only.

30.2 The bid shall be signed so as to be legally binding or all members.

30.3 A Party can be Associate with only one tenderer; bids submitted by

tenderers with same entity as associate member will be rejected

30.4 A separate bid by an Associate(s) will not be accepted.

30.5 The Tenderer shall be authorized to incur liabilities and receive instructions

for and on behalf of any & all associates, and the entire execution of contract,

including payment, shall be done exclusively with the Tenderer. However,

payments shall be released directly to associate(s) provided the Tenderer

submits a general authorization document, authorizing the Employer to

release payment to its associate(s),

30.6 The tenderer and the associate(s) shall be an independent and single legal

entity as per laws of India and should have their own independent financial

accounting system.

Page 31 of 112

30.7 Bids submitted with associate(s) not complying to the above requirements

are liable for rejection.

30.8 Inclusion of additional associate or replacement of existing associate(s) is

not permitted after submission of bid.

30.9 It will be the sole responsibility of the Tenderer to establish to the

Employer’s satisfaction that the associate(s) has the requisite financial,

technical and other capabilities necessary to perform the Contract and in

particular, meets the experience and other criteria outlined in the Tender

documents.

31.0 DISCREPANCY IN TENDER DOCUMENT

In case of any discrepancy between the tender documents downloaded from the

website and the master copy available in the office, the latter shall prevail and

will be binding on the tenderer. No claim on this account will be entertained.

**********************

Page 32 of 112

NMDC LTD

DONIMALAI IRON ORE MINE

PO: DONIMALAI TOWNSHIP - 583 118

DIST: BELLARY, KARNATAKA.

PART - II

GENERAL TERMS AND CONDITIONS

1.0 CORPORATION TO BE INDEMNIFIED

The firm/Company/Contractor shall at all times indemnify the Corporation,

against any claim which may be made under the Workmen's Compensation

Act, 1923 or any Statutory modification thereof or otherwise for and in respect

of any damages or compensation payable in consequence of any accident or

injury sustained by any workmen or other person whether in employment of the

awardees work or not.

2.0 POSSESSION OF THE SITE

2.1 Site which is the subject matter on lease will be available as soon as the

contract is signed. The Corporation shall give possession of all parts of the

Site to the successful bidder, free from encumbrance within 7 days from

issue of LOI subject to submission of “ Contract for Work” duly signed as

laid out at page No.8 of this NIT. If possession of a site full or part is not

given by the date stated in the Contract Document, the Corporation is

deemed to have delayed the start of the relevant activities. In that case,

Corporation may extend the time for completion of the work by such

period as it may consider necessary or proper. However, no

compensation/damage whatsoever for not giving the entire site and or

giving the site gradually will be accepted;

2.2 The decision of the Corporation as to the need for grant of extension of time

to the firm/Company/Contractor shall be final and shall not be called in

question.

3.0 MINING LEASE

3.1 The area to be worked by the Machinery of the Firm/Company/Contractor is

only a part of the mining area granted on lease to Corporation by the State

Government. In case the lease so granted is cancelled or operation of mining

is stopped or it is later withdrawn, the Firm/Company/Contractor shall have

no claim for damages or otherwise upon Corporation

Page 33 of 112

3.2 The Firm/Company/Contractor shall be deemed to have acquainted himself

with the terms and conditions of the lease deed between the State Govt. and

Corporation and shall duly observe all the terms and conditions thereof and

shall not do any act or suffer any omission whereby the lease held by

Corporation from State Govt. is likely to get jeopardized and expose

Corporation there-under to any legal or financial obligations. The

Firm/Company/Contractor shall keep Corporation fully indemnified in that

behalf to the State Govt. limited to his activities. Any damage caused to the

Corporation due to the above will be fully compensated by the contractor

4.0 RESPONSIBILITY OF THE FIRM/COMPANY/CONTRACTOR:

The Firm/Company/Contractor shall so arrange and plans the progress of the

work that the time schedule fixed by NMDC for mining is duly observed. In

this respect, time shall be the essence of the contract. The entire responsibility

for executing the work in an efficient manner and as per the directives of

NMDC shall be that of the Firm/Company/Contractor.

5.0 MANNER OF WORK UNDERTAKEN

5.1 The Firm/Company/Contractor shall commence execution of the Works on or

before the Start Date; the date so mentioned in the Letter of Intent

(LOI)/Letter of Award (LoA) and shall complete it to the entire satisfaction

of the Corporation in conformity with the instructions issued from time to

time.

5.2 The Firm/Company/Contractor shall carry out the Works in accordance with

the program submitted by the Contractor as updated with the approval of

the Corporation or his nominee, and complete them by the Intended

Completion date mentioned in the Letter of Award of Contract.

5.3 The Firm/Company/Contractor shall submit to the Engineer-In-charge

progress report of the work done, at such intervals as may be prescribed by

him.

5.4 The Firm/Company/Contractor shall fully and finally complete the work

covered under scope of work [with such changes as may be directed] by the

date stipulated in the agreement, provided that if any changes have been

ordered, which, in the opinion of the Corporation, have materially increased

the magnitude of the work, such extension of time may be granted as may

appear to the Corporation to be reasonable in the circumstances provided

further that the Firm/Company/Contractor shall be responsible for

requesting such extension of time as he may consider necessary as the cause

thereof shall arise.

Page 34 of 112

5.5 Failure or delay of the Corporation to hand over to the

firm/Company/Contractor necessary drawings, instructions or any other

delay by the Corporation due to any other cause whatsoever shall in no way

affect or vitiate the contract or alter the character therefore or entitle the

bidder to damages or compensation therefore provided that the

Corporation may extend the time for completion of the work by such

period as it may consider necessary or proper.

5.6 The decision of the Corporation as to the need for grant of extension of time

to the firm/Company/Contractor shall be final and shall not be called in

question.

6.0 EQUIPMENT/ PLANT & METHODS OF WORK

6.1 The plant and equipment provided by the firm/Company/Contractor and

their method of working and organizations for handling the work shall be

such as will secure satisfactory quality of work and rate of progress which,

in the opinion of the Corporation, will ensure the completion of the work

within the time herein specified.

6.2 The firm/Company/Contractor shall give the Corporation full information in

advance as to his plans for carrying on each part of work, if at any time

before commencement or during the progress of the work any part of the

firm/Company/Contractor’s equipment or facilities or any of his methods of

executing the work appears to the Corporation to be unsafe or inadequate or

his organization insufficient to ensure the requirement of quality or rate of

progress of the work they may order the contractor to change or improve his

equipment, facilities, methods & organization and the contractor shall

promptly comply with such orders, but neither compliance with such order

nor failure of the Corporation to issue such orders shall relieve the contractor

of his obligation to secure the degree of safety, the quality of work and the

rate of progress required by the contractor. The firm/Company/Contractor

alone shall be responsible for the safety and adequacy of his plant, equip-

ment and methods.

6.3 Before proceeding with the erection / construction of any plant, including

temporary structures machinery and equipment, the firm/Company/

Contractor shall furnish the Corporation with information and drawing of all

such structures and information as to the capacities and capabilities of the

machinery and equipment, for approval.

Page 35 of 112

7.0 TEMPORARY WORKS/WORKSHOP

7.1 Corporation will provide the necessary work site for setting up a temporary

work shop/works by the Firm/Company/Contractor. The expenditure for

setting up a temporary shed for the workshop is to be borne by the

Firm/Company/Contractor himself.

7.2 The firm/Company/Contractor shall submit Specifications and Drawings

showing the proposed Temporary Works to the Corporation or his nominee,

who is to approve them if they comply with the specifications and Drawings.

7.3 The Contractor shall be responsible for design of Temporary Works.

7.4 The Corporation or his nominee’s approval shall not alter the Contractor’s

responsibility for design of the Temporary Works.

7.5 All Drawings prepared by the Contractor for the execution of the temporary

or permanent Works, are subject to prior approval by the Corporation or his

nominee before their use.

8.0 SUPERVISION OF THE WORK BY THE FIRM AND THE FIRM’S AGENT

AND HIS SUPERVISORY STAFF AT THE WORK SITE.

8.1 The firm/Company/Contractor shall have the sole and exclusive

responsibility for supervision of the work and all workmen engaged therein.

The work shall receive the firm’s best skill, attention and supervision.

8.2 The firm/Company/Contractor shall keep at all time, on the work site while

the work is in progress, a properly qualified and competent agent duly

authorized and empowered to act for him and to receive on his behalf all

such notices and communications as the Corporation or the Mines Manager

or Engineer in Charge may wish to issue from time to time. From the

moment the agent so appointed takes charges of the work such notices and

communications shall operate as if the firm/Company/Contractor itself has

received them and all acts done by such agent shall be as binding as if done

by the firm/Company/Contractor itself notwithstanding absence of formal

authority or definite instructions from the firm/Company/Contractor to the

said agent or any purported restrictions of powers or limitation of authority

imposed by the firm/Company/Contractor. The agent so appointed by the

firm/Company/Contractor shall be a person of adequate status and must

have been accepted as satisfactory by the Corporation. It shall be open to the

Corporation to enforce replacement of the agent by the firm/Company/

Contractor in the event that the Mines Manager deems the agent

Page 36 of 112

incompetent or otherwise unacceptable at any time after the appointment has

been made.

8.3 The firm/Company/Contractor shall also place and keep at all times on the

work site efficient and competent supervisory staff to give the necessary

directions to his workmen and to ensure to employ and deploy only such

worker and labourers as is of proved ability and competence. It shall be open

to the Corporation to enforce replacement by the firm of any of his

supervisory staff whom the Mines Manager may deem incompetent or

otherwise unacceptable. In the event that the Mines Manager is of opinion

that the firm/Company/Contractor is at any time not employing &

deploying a sufficient number of supervisory staff or workmen to enable

the work to be completed as laid down in the schedule of deliveries, the

firm shall employ & deploy such additional supervisory staff and

workmen as may be specified by the Mines Manager.

9.0 FIRM/ COMPANY/ CONTRACTOR TO OBTAIN ITS OWN INFORMATION

AND TO BE RESPONSIBLE FOR PROVISION OF ALL FACILITIES

NECESSARY FOR THE SATISFACTORY PERFORMANCE OF THE WORK.

9.1 Failure of the firm/Company/Contractor to fully acquaint themselves with all

aspects of the work prior to the submission of his bid shall not relieve him of

the responsibility of performing the work in accordance with the

agreement and to the full satisfaction of the Mines Manager. It is understood

and agreed that before submitting his tender, the firm has carefully studied

the specifications, drawings and the work site and has satisfied himself fully

as to the nature and location of the work, the working condition prevailing at

the site surface conditions, the quality and availability of labour, the

character, quality, quantity and availability of materials, availability of water

and power, transportation facilities including existing roads and other

system of communications, the kind of equipment and facilities necessary for

the performance of the contract, sites for labour camps, stores, go-down etc.

the extent of lead and lift and statutory laws and regulations governing

work of the nature contemplated and he shall be deemed to have provided

for these in the rates quoted by him and accepted by the Corporation.

9.2 It is further understood that the Corporation shall not be responsible or

liable in any way for the supply of equipment, articles, materials or stores

of any description except those in respect of which it has in terms of the

agreement specifically assumed the responsibility for supply. The firm

shall make its own arrangements and at his own cost, or personal equipment,

materials, handling transport, lead and lift, labour, housing, sanitation and

medical facilities for labour, construction tools and plant, water, electric

power, workshop, insurance, payment of taxes and duties, watch and

ward, lighting, pumping, procurement of all permission and license

Page 37 of 112

necessary for the execution of the work and all other facilities of every

description, which, under the contract, are to be provided by the

firm/Company/Contractor and are necessary for the satisfactory performance

of the agreement and that the rates quoted by him and accepted by the

Corporation shall constitute full compensation to the firm therefore.

9.3 In the event that the firm/Company/Contractor seeks the assistance of the

Corporation in the procurement of any stores, materials or equipment and

the Corporation agrees to assist him by using its good offices, it shall be

clearly understood that such assistance by the Corporation shall not relieve

the firm of his responsibilities for procurement of such stores, materials or

equipment and to complete the work within the agreed time schedule and

that the Corporation shall not in any way be liable for any delay, loss or

damage that may occur as a result of non-availability of any item of stores,

materials or equipment in time.

10.0 DELIVERY OF NOTICE AND COMMUNICATION.

All notices and communications addressed by the Corporation to the

firm/Company/Contractor or by the firm/Company/Contractor to the

Corporation concerning the works to be executed under the agreement shall

be in writing. No notice or communication which is not in writing shall be

recognized.

11.0 SERVICE OF NOTICES AND COMMUNICATIONS ON THE FIRM

11.1 The firm/Company/Contractor shall furnish to the Corporation the name,

designation and address of his authorized agent at the work site. All

notices and communications intended for the firm shall be deemed to have

duly delivered to him by the Corporation or the Mines Manager if left at or

posted to the address so given.

11.1.1 In the case of posting on the day of which they would have reached

such address in the ordinary course of post; and

11.1.2 In other cases, on the day on which they were delivered to or left at

such address.

12.0 SERVICE OF NOTICE AND COMMUNICATIONS ON THE

CORPORATION AND THE GENERALMANAGER(PRODUCTION)

Notices and Communications addressed to the Corporation or the General

Manager (Production), as the case may be, shall be deemed to have been duly

delivered.

12.1 In the case of the Corporation, if left at or posted to the address of the

Corporation's authorized representative at the project site.

Page 38 of 112

12.2 In the case of the General Manager (Production), if left at or posted to the

address of his authorized representative at the project site and shall be

deemed to have been delivered in the case of posting on the day on which

they would have reached such address in the ordinary course of post and in

other cases on the day on which they were delivered to or left at such

address. Notices and communications addressed to the Corporation shall

be valid only if duly signed by the contractor or a person duly authorized

him and acting for him on his behalf.

13.0 CHANGES IN WORK.

13.1 The quantities set out by the Corporation in the schedule of excavation

annexed to and forming part of the contract are the quantities of

Waste/Ore to be excavated by the contractor in fulfillment of his

obligations under the agreement.

13.2 The Corporation may, without invalidating the contract and without notice

to the firm/Company/Contractor’s sureties, if required, require the firm to

perform extra quantities of work not included in the schedule of Quantities

and Rates and make change within the general scope of the work covered

by the agreement or otherwise relating to the work. The

firm/Company/Contractor shall perform such extra quantities of work or

comply with such changes and variations in the manner and to the extent

specified in written orders approved by the Corporation and issued by the

Mines Manager.

13.3 Any extra quantity of work ordered by the Corporation and executed by

the firm/Company/Contractor once, for which rate shall have been

provided in the schedule of rates shall be paid for at such rate. Any item

of work which is not included in the Schedule of Quantities and Rates and

which is to be performed by the firm in terms of change as referred to in

sub-clause [2] hereof, the firm/Company/Contractor, within seven days of

receipt of such order shall submit his rate to the General Manager

(Production) DIOM prior to commencement of such item of work, for

consideration and sanction by the Corporation. If the firm shall commence,

such item of work or if any expenditure is incurred in connection, therewith

before obtaining the sanction as mentioned before, the firm shall be entitled

to be paid in respect of the said extra work at such rate as may be fixed by

the Corporation. If the nature of amount of change of variation shall be

such that in the opinion of the Corporation the rate is rendered

unreasonable or inapplicable, the General Manager (Production) shall

fix such other rate as he may in the circumstances consider reasonable

and the firm shall have no claim for any compensation on account of any

profit or advantage that might have occurred to him from execution of the

work in full and/or without change or variation as aforesaid.

Page 39 of 112

13.4 If there is delay in the Corporation and the firm/Company/Contractor

coming to an agreement on the rate of an extra work, rates as proposed by

the Corporation shall be payable provisionally till such time as the rates are

finally determined or till date mutually agreed by both

firm/Company/Contractor & Corporation.

14.0 OBLIGATION OF THE FIRM/COMPANY/CONTRACTOR

14.1 The Firm/Company/Contractor shall provide requisite quarters, shelters,

rest rooms, toilet facilities, Canteen etc to his employees in accordance with

the Mining Laws, at places designated by Corporation.

14.2 The Firm/Company/Contractor shall remove from the area any employee

who in the opinion of Corporation is an un-desirable person.

14.3 Authorized representative of Corporation will have all right to inspect with

workings; installations etc at any time and Firm/Company/Contractor will

provide all facilities in this regard. They can also inspect the operations

carried on by him as also the records and books of accounts maintained by

him to satisfy themselves that the terms and conditions of the contract are

duly fulfilled.

14.4 Upon termination of this contract, due to whatsoever reason it may be, the

Firm/Company/Contractor shall forthwith remove within one month

(Demobilization period) from the mines site all tools, Jigs, Drills and

other Machinery, Equipment and Vehicles which may have been brought

by him to the Mines in connection with hiring of machinery. He shall

also remove all his personnel / employees and all the buildings, shelters,

etc. erected by him in the scheduled site. Failing which penalty shall be

imposed on the Firm/Company/Contractor by Corporation at the rate of

0.5% (Half percent) of the total contract value of the work (as awarded)

for every month or part thereof which shall be elapsed after

Demobilization period. Provided that the total amount to be deducted

under this condition shall not exceed 1.5 % (One and half percent) of the

total contract value of the Contract as awarded.

14.5 Corporation may, without prejudice to its any other method of recovery,

deduct the above amount from any money in hands (including security

deposit), due, or which may become due, to the

Firm/Company/Contractor under the contract or from any other contract

between the Firm/Company/Contractor and the Corporation.

14.6 The items of property not so removed even after three months of

Demobilization period by the Firm/Company/Contractor shall become the

Page 40 of 112

property of Corporation, free of any compensation. There shall lay no

liability or compensation on Corporation for any unfinished works /

operation and / or left out materials not qualifying for payments as per

work schedules. Firm/Company/Contractor shall have no claim on such

quantities of ROM and waste mined materials.

15.0 FAILURE OF THE FIRM/COMPANY/CONTRACTOR TO COMPLY WITH

THE PROVISIONS OF THE AGREEMENT

15.1 If the Firm/Company/Contractor refuses or fails to execute the work or any

separable part thereof with such diligence as well ensure its completion

with the time specified in the agreement or extension thereof or fails to

complete the said work within such time or fail to carry out the

instructions of the Corporation, fails to perform any of his obligations

under the agreement, or the firm in any manner commits, a breach of any

of the provisions of the agreement, it shall be open to the Corporation, at its

option, by written notice to the firm/Company/Contractor:

15.1.1 To determine the contract, in which event the contract shall stand

terminated and shall cease to be in force and effect on and from the

date appointed by the Corporation on this behalf, whereupon the

contractor shall stop forthwith any of the contractor's work then in

progress except such work as the Corporation may in writing

required to be done to safeguard any property or work or

installations from damage and the Corporation for its part may take

over the work remaining unfinished by the firm and complete the

same through another firm or by other means at the risk and cost of

the firm or any of its sureties, if any and the firm shall be liable to the

Corporation for excess cost occasioned by such work having to be

taken over and completed by the Corporation over and above the

cost at the rates specified in the schedule of Quantities and rates.

15.1.2 Without determining the contract to take over the work of the

firm/Company/Contractor or any part thereof and complete the

same through another firm or other means at the risk and cost of

the firm and its sureties, if any being liable to the Corporation for

any excess cost occasioned by such work having to be so taken

over and completed by the Corporation over and above the cost at

the rates specified in the Schedule of Quantities and Rates.

15.1.3 Before determining the contract as aforesaid and provided that in

the judgment of the Corporation the default or defaults committed

by the firm/Company/Contractor is or are curable and can be

cured by the firm/Company/Contractor if any opportunity is given

Page 41 of 112

to him to do so allow the firm/Company/Contractor to rectify the

default/defaults within such time as may be specified in the notice.

15.2 In the event that the Corporation proceeds in the manner prescribed in

Clause 15.1.1 or 15.1.2 above.

15.2.1 The whole or part of the security deposit furnished by the

firm/Company/Contractor shall be forfeited without prejudice to

the right of the Corporation to recover from the firm the excess cost

referred to in the sub-clause aforesaid; the Corporation shall also

have the right of taking possession of and utilizing in completing

the work or any part therefore such materials, equipment and

plant belonging to the firm as may be at the site of the work and

necessary therefore and the firm shall not be entitled to any

compensation for use of or damage to such materials, equipment

and plant and the money that may have become due to the firm on

account of work executed by him already shall not be payable to

him until after the expiry of six [6] calendar months reckoned from

the date of determination of agreement or from the taking over the

work or part thereof by the Corporation as the case may be, during

which period the responsibility for faulty materials or

workmanship in respect of such work shall under the agreement

rest exclusively with the contractor and such money shall be

subject to deduction of all amount due from the firm to the

Corporation whether under the terms of the agreement or

otherwise or are authorized or required to be reserved or retained

by the Corporation.

15.2.2 The Corporation shall also have the right to proceed in the manner

prescribed in sub-clause 15.1.1 above in the event that the firm

becomes bankrupt or insolvent or compounds with his creditors

or assigns the agreement in favour of his creditors and any other

person or persons or being a company or goes into voluntary

liquidation, provided that in the said event it shall not be necessary

for the Corporation to give any prior notice to the firm.

15.2.3 Termination of contract as provided for as above shall not

prejudice or affect the rights of the Corporation, which may have

accrued up to the date such termination.

Page 42 of 112

16.0 POWER OF THE MINES MANAGER / GENERAL MANAGER

(PRODUCTION) TO ORDER SUSPENSION OF WORK.

16.1 The Mines Manager / General Manager(Production) DIOM may from time

to time by direction in writing and without any way invalidating the

agreement order the firm to suspend the work or any part thereof at such

time or times and for such reasons as he may consider necessary and the firm

shall not restart after such direction to suspend the work or any part thereof

directed to be suspended until he receives a written order from the Mines

Manager / General Manager(Production) to proceed. In the event of such

suspension the Corporation may under the provisions of the Agreement

extend time for completion of the work or part thereof by such period as it

may consider reasonable. The decision of the Corporation in the matter shall

be final.

16.2 The work or any part thereof shall not be suspended by the

firm/Company/Contractor in any contingency without the prior knowledge

and approval of the Corporation and/or the Mines Manager/General

Manager (Production). If the firm proposes to suspend the work or any part

thereof he should report to the General Manager (Production), furnish the

reasons necessitating such suspension of work in detail and obtain his

orders.

17.0 ACCESS TO WORK AND FACILITIES FOR INSPECTION:

17.1 The Firm/Company/Contractor shall allow the Corporation or his nominee

and any person authorized by the Corporation or his nominee access to the

Site to any place where work in connection with the Contract is being

carried out or is intended to be carried out and to any place where

materials or plant are being manufactured, fabricated and /or assembled for

the works;

17.2 The Corporation, Mines Manager /General Manager(Production), their

Assistant Managers, representatives, and employees shall at all times and

for other purposes, have access to the work and the premises used by the

firm and the firm shall provide safe and proper facilities therefore;

17.3 The Firm/Company/Contractor entering in and upon every portion of the

work as well as every place at which materials for the work are stored or are

being prepared at all hours for inspection or for any other purpose

connected with agreement shall provide all labour, materials, equipment,

appliances and facilities of every kind required for the purpose;

17.4 The Firm/Company/Contractor shall whenever so required give Mines

Manager / General Manager (Production) access to the proper invoices bills

Page 43 of 112

of lading etc. and shall provide scale and assistance for weighing or

measuring any material of work.

18.0 WITH-HOLDING OF PAYMENT TO FIRM/COMPANY/CONTRACTOR AND

CORPORATION'S LIEN OF MONEY DUE TO THE FIRM/ COMPANY/

CONTRACTOR.

18.1 Progress payments may be at any time be withheld or reduced if, in the

opinion of the Corporation, the Firm/Company/Contractor is not diligently

and efficiently endeavoring to comply with the terms of the agreement or if

the Firm/Company/Contractor should fail to pay labour and material and

other bills as they become due.

18.2 The Corporation shall have a lien on all amount that may become due and

payable to the firm, under this or any other agreement or transaction of any

nature whatsoever between the Corporation and the Firm/Company/

Contractor and the security deposit furnished by him under the agreement

for or in respect of any debit or sum that may become due and payable to the

Corporation by the Firm/Company/Contractor either alone or jointly with

another either under this or any other agreement or transaction of any

nature whatsoever between the Corporation and the

Firm/Company/Contractor unless the firm clears the claims of the

Corporation immediately on demand the Corporation shall be entitled to

deduct the said due or sum due by the Firm/Company/Contractor from the

amount aforesaid and the security deposit without prejudice to the other

rights and remedies available to the Corporation.

19.0 NOTICE OF TERMINATION

19.1 By Corporation, giving one month's notice in writing to the

Firm/Company/Contractor for breach of any of the terms and conditions

contained in the work order or for breach of any of the provisions of Mines

Act 1952, / MM (R&D) Act, Mineral Concession Rule, Metalliferous Mines

Regulations 1961, Mineral Concession and Developments Rule and any of

the provisions of labour or any other laws, Notifications of the Government

or Appropriate Authority governing Mines and Mining operations or any

other applicable law.

19.2 By Corporation giving one month's notice in writing to the

Firm/Company/Contractor without assigning any reason for termination

under this clause.

19.3 The work order shall automatically stand terminated forthwith without any

further notice in the event of the Government of Karnataka canceling the

Mining Lease No.2396 granted to NMDC Ltd., or Government of India or

any other Government Authority canceling the said Mining Lease

Page 44 of 112

prematurely. In case the lease so granted is cancelled or operation of

mining is stopped or it is later withdrawn, the Bidder shall have no claim

for damages or otherwise upon Corporation.

19.4 In case the contract is foreclosed due to the reason attributable to the

Firm/Company/Contractor, Corporation will have every right to get the

balance work done through some other agency at the risk & cost of the

contractor

19.5 No Compensation whatsoever shall be payable by the Corporation in case

of fore closure of the Contract due to the any of the reasons mentioned above

20.0 SETTLEMENT OF DISPUTES AND ARBITRATION

20.1 Except as otherwise specifically provided in the contract all disputes

concerning question of facts arising under the contract shall be decided by

the Engineer in Charge subject to written appeal by the Contractor to the

Engineer in Charge whose decision shall be final to the parties hereto.

20.2 Any disputes or differences including those considered as such by only one

of the parties arising out of or in connection with the Contractor shall be, to

the extent possible, settled amicably between the parties.

20.3 If amicable settlement cannot be reached, then all disputed issues shall be

settled by arbitration as provided in clause 20.4 to 20.10 below, Part -II.

20.4 Settlement of all disputes though arbitration: All disputes or differences

which may arise between the Corporation and the

Firm/Company/Contractor in connection with this contract (other that those

in respect of which decision of the corporation / Firm/Company/Contractor is

expressed in the Contract to be final and binding) shall, after return notice

by either party to the other and to the Chairman-cum-Managing Director of

NMDC Ltd., (who will be appointing authority), be referred for

adjudication to a sole Arbitrator to be appointed as herein after provided.

20.5 The appointing authority will send within 90- (Ninety) days of the receipt of

the notice, a panel of three names of persons, not directly connected with the

work, to the Contractor only who will select any one of the persons named to

be appointed as a Sole Arbitrator within 30 (Thirty) days of receipt of the

names. If the appointing Authority fails to send to the contractor the panel

of 3 (three) names as aforesaid within the period specified, the Contractor

shall send to the appointing authority a panel of three(3) names of persons,

who shall also be unconnected with the organization by which the work is

executed. The appointing authority shall, on receipt of names as aforesaid

select any one of the persons named and appoint him as the Sole Arbitrator.

Page 45 of 112

If the appointing authority fails to select the persons and appoint him as the

Sole Arbitrator within 30 (Thirty) days of receipt of the panel and inform the

Firm/Company/Contractor accordingly, the Firm/Company/Contractor shall

be entitled to invoke the provisions of the Indian Arbitration and

Conciliation Act, 1996 and any statutory modification.

20.6 Settlement of disputes between two public sector enterprises and between a

Public Sector and an Government Of India Agency/Department shall be

settled amicably, failing which the arbitration shall be conducted in

accordance with procedure/guidelines (Office memo no: 15/9/86-BPE (Fin)

dated 30-03-89) laid down by the department of Public Enterprise, Ministry

of Industries, Government of India, from time to time.

20.7 The Courts at Hyderabad only shall have jurisdiction to entertain and

adjudicate any disputes.

20.8 The venue of Arbitration shall be the Head Quarter of NMDC Ltd.,

Hyderabad, Andhra Pradesh, India. The Arbitrator shall decide the costs of

Arbitration also.

20.9 The Arbitration award shall, in, addition to dealing with the merits of the

Case, decide which of the parties shall bear the costs of Arbitration or in what

proportion the costs shall be borne by the parties.

20.10 The parties shall continue to perform their obligation under this contract

during the Arbitration proceedings. No payment due to or payable to the

Contractor shall be withheld or delayed except as regards any particular

obligation or any particular payment which itself is or forms a direct part of

the subject matter of the Arbitration proceedings.

21.0 FIRM TO MAKE ITS OWN ARRANGEMENTS FOR SUPPLIES:

The Corporation shall not be responsible or liable in any way for the supply of

equipment, articles, materials or stores of any description, excepting those in

respect of which it has, in terms of the agreement, specifically assumed

responsibility for supply. The firm/Company/Contractor shall make its own

arrangements and at its own cost, for all tools and plant, equipment, stores,

labour, accommodation, water and power.

22.0 LIGHTING / POWER /HSD/ LUBRICATING OIL

22.1 `The Firm/Company/Contractor shall be responsible for providing and

maintaining lighting & power in working area and their camp/shed

awarded to them, as stated therein prescribed by law or as may from time

to time be prescribed by the Mines Manager to the end that proper work

shall be done and that the Safety of the employees may be safeguarded.

Page 46 of 112

In case such regulations and orders are not observed by the

Firm/Company/Contractor, they may be enforced by the Engineer In-

charge at the Firm/Company/Contractor’s expenses.

22.2 HSD & lubricating oil will not be supplied to Firm/Company/Contractor

by the Corporation. In case of acute shortage, HSD will be supplied to the

Firm/Company/Contractor at the rates fixed by the Corporation from

time to time and subject to availability. The charges for the same will be

deducted from the running bills of the Firm/Company/Contractor. No

other items such as Stores and spares required for the equipment will be

supplied by the Corporation. Fuel issued by the Corporation should not

be used for purpose other than production.

23.0 FIRM'S CAMP

23.1 The Firm/Company/Contractor may at his option in lands owned or

controlled by the Corporation and allotted to him at Donimalai township

for that purpose maintain and operate Camps and Mess Hall for the

convenience of his employees but patronage of such facilities shall be

optional with the employees. The Firm/Company/Contractor shall

comply with all local legal requirements in respect of license or their

regulations in connection with such camps or services

23.2 The Firm/Company/Contractor shall be responsible for maintaining good

atmosphere/healthy conditions in his camp and for providing adequate

fire protection facilities. The Firm/Company/Contractor shall have no

authority to establish or to issue concessions or permits of any kinds to

their parties for establishing commercial amusement or other

establishments upon the lands owned or controlled by the Corporation.

23.3 No payment whatsoever will be made to the Firm/Company/Contractor

for establishing camp or facilities for the convenience of employees.

24.0 PREMISES FOR OFFICE AND RESIDENTIAL PURPOSE

No Quarters will be provided by the Corporation to the employees of the

Firm/Company/Contractor. However, some area for residence will be allotted

free of cost for setting up of the necessary sheds at Donimalai township by the

Firm/Company/Contractor for the residence of the persons employed by them.

Water/electricity drawn by the Firm/Company/Contractor’s employees will be

charged at the rates applicable from time to time. In exceptional conditions or

as a special case one or two quarters may be provided at the discretion of the

Management.

25.0 OCCUPATION AND USE OF LAND

Page 47 of 112

The Corporation will in its discretion arrange land free of cost for the

Firm/Company/Contractor’s office, field workshop, storage of his materials,

location of his temporary structures, labour and staff colony etc. The

Firm/Company/Contractor shall so arrange his temporary works, temporary

structures, temporary storage areas etc. as not to interfere with the work of

Corporation. The Firm/Company/Contractor shall not use or allow to be used

the land so made available to it for any purpose other than that of execution of

the work covered by the agreement. No land belonging to or in the possession

of the corporation shall be occupied by firm except with the previous permission

in writing of the Corporation.

26.0 RIGHT OF WAY

The right of way for the facilities to be constructed under the specifications will

be provided by the Corporation. Nothing herein contained, however, and

nothing marked on the drawing shall be interpreted as giving the firm exclusive

occupancy of the territory provided. No such decision as to the method or times

of conducting the work or the use of the territory shall be made the basis of any

claim for delay or damage.

27.0 CO-OPERATION WITH OTHER AGENCIES

27.1 In order to provide for the complete and proper coordination in all faces

of the project, the firm shall cooperate to the fullest extent with the agencies

working on other faces of the project. The Firm/Company/Contractor shall

confer with the Mines Manager reading details of pertinent faces of the work

which may affect the work to be performed under these specifications and

shall schedule to carry out his work in such a manner as to avoid any

interference with the facilities and the work of other contractors.

27.2 The Contractor shall co-operate and share the Site with other contractors,

public authorities, utilities, and the Corporation between the dates given in

the Schedule of other contractors. The Contractor shall as referred to in the

Con-tract Data, also provide facilities and services for them as described in

the Schedule. The Corporation may modify the schedule of other

contractors and shall notify the contractor of any such modification.

27.3 The Mines Manager may direct that certain facilities be used, mutually by

the firm and by such other agencies.

28.0 WATER SUPPLY

Page 48 of 112

The Firm/Company/Contractor shall be allowed to draw water from our

hydrant for sprinkling for dust suppression purpose on free of charge basis.

However, water required for domestic purposes shall be arranged by the

contractor at his own cost, which shall be free from contamination and shall

conform to the requirement of the regulations governing drinking water.

However, Corporation will not be responsible for non-fulfillment of target or

any other contract clauses due to above.

29.0 PROTECTION OF WORK

The Firm/Company/Contractor shall protect the work and materials from

damage due to the nature of the work, the action of the elements, the

carelessness of other agencies or any other cause whatsoever, until the

completion and acceptance of the work. Should any damage occur, he shall

repair at his own expense to the satisfaction of the General

Manager(Production)/Mines Manager.

The Firm/Company/Contractor shall be responsible for such policing of areas, its

own materials, storage/store houses, equipment yards etc. as it may require. The

Corporation will accept no responsibility for protection or policing of firm's

equipment, tools or materials. The Firm/Company/Contractor shall take

adequate steps to guard against fire and provide reasonable watchman service to

protect the work, its own property and the property of the Corporation under its

care.

30.0 CLEANING UP

During the progress of the work, the Firm/Company/Contractor shall keep the

premises occupied by it in a neat and clean condition and free from any

accumulation of rubbish on the completion of any portion of work. The

Firm/Company/Contractor shall promptly remove all of its equipment,

temporary structures and surplus construction materials not to be used at or

near the same location during later stages of the work. Upon completion of the

work and before the final payment is made, the Firm/Company/Contractor shall

at its own cost and expense satisfactorily dispose of or remove from the vicinity

of the work and from all other land made available to him by the Corporation all

construction plant, building rubbish, unused materials and other equipment and

materials belonging to it and use its direction during construction and shall

leave the premises in a neat and clean condition. In the event of its failure to do

so the same may be removed and disposed of by the Corporation at the

Firm/Company/Contractor’s expenses.

31.0 INDEMNITY

Page 49 of 112

31.1 The Firm/Company/Contractor shall at all times well and sufficiently

indemnify and keep indemnified from any and all liabilities for damage

resulting from or arising out or in any way connected with operations

covered by the agreement. The Firm/Company/Contractor shall be

responsible for all risks arising in connection with or on account of the

operations covered by the agreement and he shall make good all the losses

and damages arising there from. In case the Corporation incurs any cost,

expenses or loss on account of any claim, or cause of action brought against

them arising out of the operations covered by the agreement, the

Corporation shall be entitled to recover such cost, expenses or loss from the

firm. The Corporation shall have the power, without being bound to do so,

to defend, contest or compromise any such claim, demand or cause of

action, and any amount that may become payable by the Corporation and

any expense that may be incurred by Corporation on this behalf shall also

be recoverable from the firm.

31.2 The Firm/Company/Contractor shall at all times, well and sufficiently

indemnify and keep indemnified the Corporation and its officials and hold

them harmless against any claim or demand which may be made against or

arising out of any use of existing patents or alleged infringement of such

patent or of other patents rights committed by the firm in carrying out the

operations covered by the agreement and against all such proceedings,

claims, or cost thereof, and against all acts, suits, proceedings, claims, cost

and expenses whatsoever may be taken or made against or incurred and

become payable by the Corporation in respect thereof.

31.3 All sums payable by way of compensation under any of these conditions

shall be considered as reasonable compensation to be applied to the use of

the Corporation without reference to the actual loss or damage sustained

and whether or not any damage shall have been sustained.

32.0 TITLE TO MATERIALS FOUND ON THE WORK

32.1 The title to all materials and to the right to the use of all water, soil, stone,

gravel, sand, clay, ballast, earth, rock, minerals, timbers and all other

materials developed or obtained in the excavation or other materials

developed or obtained in the excavation or other operation by the firm or

its agency or any of their employees and the right to use and dispose of the

same are hereby expressly reserved to the corporation and neither the firm

for any sub contractor nor any of their employees\agency shall have any

right title or interested in or to any part thereof; neither shall they nor any

of them assert or make any claim thereto. The Firm/Company/Contractor

may be permitted by the Mines Manager to use the work without charges

or payment of such charges as may be prescribed by the corporation any

Page 50 of 112

such material which in the opinion of the Mines Manager needs the

requirements of specifications.

32.2 Anything of historical or other interest or of significant value unexpectedly

discovered on the Site is the property of the Employer. The Contractor is to

notify the Nodal Officer or his nominee of such discoveries and carry out

the Nodal Officer or his nominee’s instructions for dealing with them.

33.0 NON-EXERCISE OF POWER NOT TO CONSTITUTE WAIVAL

It is agreed that in any case in which any of the powers conferred upon the

Corporation by the provisions of the agreement becomes, exercisable and the

same is not exercised, the non-exercise thereof shall not constitute waiver of

any of the conditions thereof, and such powers s hall notwithstanding such

non-exercise be exercisable in the event of any other case of default by the

Firm/Company/Contractor, for which by any clause or clauses thereof is

declared liable to pay compensation and the liability of the

Firm/Company/Contractor for past and future compensation shall remain

unaffected.

34.0 AUTHORITY TO RELIEVE THE FIRM OF OBLIGATIONS:

34.1 General Manager(Production) or his representative shall have no authority to

relieve the Firm/Company/Contractor of any of its obligations under the

agreement except those expressly provided in the agreement but the

instructions of General Manager(Production) or his representative within the

terms of agreement shall be binding on the agreement, provided.

34.2 The failure of the Engineer In-charge to disapprove the ROM or any of the

action by the Firm/Company/Contractor shall not prejudice the authority of

Mines Manager or General Manager(Production) or Head of project to

disapprove the mineral on the malafide action of the

Firm/Company/Contractor and to order replacement of rejected materials,

and rectification of violations;

34.3 If the Firm/Company/Contractor shall be dissatisfied by any decision of the

Engineer In-charge, he may be entitled to refer the matter to the Mines

Manager/General Manager(Production), who shall thereafter confirm, revoke

or vary such decision. In case the firm is not satisfied with the decision of the

Mines Manager, the full case may be put up with the comments of the Mines

Manager / General Manager(Production) for onward submission to the Head

of Project, whose decision will be final and binding.

Page 51 of 112

35.0 PAID HOLIDAYS

The firm will make full payment of the day to the labour for the paid holidays

declared by the Corporation from time to time.

36.0 EMPLOYMENT OF PERSONS DISMISSED BY THE CORPORATION

The persons dismissed by the Corporation will not be employed by the

Firm/Company/Contractor. If the Mines Manager is fully satisfied that the

activities of any particular, person[s] employed by the

Firm/Company/Contractor are against the interest of the Corporation, the

Firm/Company/Contractor will remove the employee[s] from the services at his

own expenses.

37.0 SUBMISSION OF REPORTS TO CORPORATION

The Firm/Company/Contractor will submit the Reports and Returns as provided

for in the law and required by the Corporation or any law from time to time.

38.0 ENGAGING MANPOWER FOR THE WORK

The Firm/Company/Contractor should employ only skilled manpower for

operation and maintenance of equipment.

39.0 OPERATION OF MACHINERY

Only authorized operators are allowed to operate the equipment. No person

other than the helper attached to the equipment will be allowed to ride the

equipment.

40.0 HIRE OF CORPORATION PLANT AND TRANSPORT.

40.1 The Corporation may, at its own discretion, provide on hire to firm such

plant, transport, cranes etc. as is available and can be spared for the use

during the execution of the works on such terms as may be specified by the

Corporation.

40.2 The firm/Company/Contractor shall take all reasonable care of all tools,

plant and materials or other property belonging to the Corporation and

committed to his charge for the purpose of the work and shall be responsible

for all damages or loss caused by him, his agents or his workmen or others

while they are in his charge, the contractor shall sign accountable receipts

for tools, plant and materials, made over to him by the Corporation and

shall hand over the same back to the Corporation in good order and repairs,

Page 52 of 112

fair wear and tear excepted and shall be responsible for any failure to account

for the same or any damage done thereto.

41.0 TRANSPORTATION OF CONTRACTOR’S MANPOWER

The Firm/Company/Contractor has to make his own arrangements for transpor-

tation of their manpower from township to the work spot and back.

42.0 MEDICAL FACILITIES IN CORPORATION’S HOSPITAL

Extending medical facilities to the employees of the Firm/Company/Contractor

is at the discretion of the Corporation and the cost of the same will be deducted

from the running bills of the Firm/Company/Contractor.

43.0 PF – DEDUCTION, RECORDS & SUBMISSION OF RETURNS

The Firm/Company/Contractor shall maintain all the records as required by PF

Statutory authorities and submit necessary returns as per the provisions of the

Act.

44.0 EMPLOYMENT OF CHILDREN

No children shall be deployed.

45.0 PAYMENT OF MINIMUM WAGES & OTHER STATUTORY OBLIGATIONS

The Firm/Company/Contractor shall be liable and responsible for payment of

statutory minimum wages and other obligations such as ESI, PF, Compensation

under the Workmen Compensation Act, Bonus Act, PF Act etc. to his employees

fully.

46.0 SIGNATURE OF RECEIPTS FOR AMOUNT:

Every receipt for money or securities received by the firm/Company/Contractor

under these presents shall be signed by the person who signed the instrument of

agreement governing the contract or by any other person who holds a power of

attorney from the Firm/Company/Contractor to receive payment or give receipts

on this behalf.

47.0 COMPETENT & STATUTORY PERSONS

47.1 The Firm/Company/Contractor should appoint sufficient numbers of

Competent Staff like Mechanics, Electricians, Fitters, Operators etc., fully

competent to do their job and acceptable to Corporation for efficient control

of his working under one Contractor's Representative. The staff so appointed

should have proper qualification and status to work on behalf of the

Page 53 of 112

contractor and should be accountable to the Engineer In-charge / Mines

Manager.

47.2 The Firm/Company/Contractor shall employ the key statutory

personnel such as Mines Foreman to supervise the work as per statute.

The persons so appointed should have adequate qualification as per

provisions of MMR 1961. Non-compliance of provisions of MMR 1961

regarding appointment of Statutory persons deemed to be fundamental

breach of Contract by the Firm/Company/Contractor, and in that case

Corporation may terminate the contract and will also have the right to

execute the balance work through an alternate agency at the risk & cost of

the Firm/Company/Contractor.

47.3 The Corporation or his nominee will approve any proposed replacement of

Key personnel only if their qualifications, abilities, and relevant experience

are substantially equal to or better than those of the personnel removed.

47.4 The contractor shall provide necessary statutory staff for electrical

installations supervision. All Electrical Installations shall be under the

control of qualified Electrical Supervisor as required under the Mining

statute or applicable law.

47.5 If the Corporation or his nominee asks the Contractor to remove a person

who is a member of the Contractor’s staff of his work force stating the

reasons, the Contractor shall ensure that the person leaves the Site within

seven days and has no further connections with the work in the Contract.

48.0 FIRM/COMPANY TO COMPLY WITH LAWS, REGULATIONS, ETC.

48.1 The Firm/Company/Contractor shall in all respects be deemed to be and

shall operate in conformity with Indian laws and shall be subject to the

jurisdiction of Indian Courts.

48.2 The Firm/Company/Contractor shall keep itself fully informed of all the

laws, ordinance and regulations in any manner affecting those engaged or

employed on the work or the materials used in the work or any way

affecting the operations covered by contract and of all orders and decrees of

bodies or tribunals having any jurisdiction or authority over the same. If

any discrepancy or inconsistency should be discovered in relation to any

such laws, ordinance, regulations, order or decree, the contractor shall

forthwith report the same in writing to the General Manager(Production)

through Engineer I/C. He shall at all times, observe and comply with all

such laws, ordinance and regulations from time to time in force and orders

and decrees or competent courts or tribunals having jurisdiction and shall

protect and indemnify and keep indemnified the Corporation and the

Page 54 of 112

General Manager(Production) against any claim or liability arising from or

based on the violation of such laws, ordinance, regulations, orders or

decrees, whether itself or by its employees/agencies.

48.3 The Firm/Company/Contractor shall conform to the provision of the all

relevant Laws, Regulations and order etc., for the time being in force in the

execution of this work. In particular, he shall be responsible to comply with

the provisions of the Mines Act, Workmen's Compensation Act, Minimum

Wages Act, the Indian Explosives Act, Industrial Disputes Act, Contract

Labour [Regulation & Abolition] Act, Payment of Gratuity Act 1972 ,

Equal Remuneration Act 1979, Payment of Bonus Act 1965 , Industrial

Employment’s (Standing orders) Act 1946, Child Labour (Prohibition &

Regulation ) Act 1986 and the Rules and Regulations framed under the said

Acts and also comply with rules/regulations given by statutory authorities

like DGMS for operation and maintenance of his equipment. The

Firm/Company/Contractor shall maintain and submit records/returns as

required by applicable statutes or as required for certification of NMDC i.e.

ISO 9001, ISO 14001, OSHAS 18001, SA8001 etc. Authorizes representative of

corporation will have all right to inspect and direct for any correction in

these records/returns.

48.3.1. The Firm/Company/Contractor shall comply with Contractor’s

responsibility as per Recommendation of 11th National Conference on Safety

in Mines.

48.4 The Firm/Company/Contractor shall conform to the various provisions of

water pollution (Prevention and Control) Act and Air Pollution

(Prevention and Control) Act that are in force and also any other statutory

stipulation with regard to the pollution control, afforestation and ecological

balance etc. The Firm/Company/Contractor shall also conform to the various

directives that may be given by the statutory authorities to Corporation in

respect of the environmental matter and maintenance of ecological balance

in respect of operation and maintenance of the equipment and plant hired

out by him. Corporation will take up the major pollution control measures

like building up Check Dams, afforestation, Environmental monitoring at its

own cost but the Firm/Company/Contractor should be responsible for the

above in respect to protection, drainage and other measure to avoid any

pollution hazards.

48.5 If any amount becomes payable by the Corporation as a result of any

claim or application in terms of the provisions of the said Acts, the rules

and regulations there under, such amount shall be recoverable from the

Firm/Company/Contractor. Any consequences arising out of the non-

compliance of safety provisions will be at the risk and cost of the firm.

48.6 The Firm/Company/Contractor shall also be bound to give all notices

necessary and incidental to the due and lawful execution of the work and of

Page 55 of 112

all operations covered by the contract and as may be required by the laws,

ordinances, regulations, orders and decree as aforesaid and to pay all the

fees, taxes and duties payable to any authority there under.

49.0 Banning of business dealing with firms / contractors:

NMDC has introduced “NMDC Policy on Banning of Business Dealings with

Agencies”, which covers both suspension and banning of business dealings

with the Agency that commits fraud and / or transgression in the

dealings of NMDC. The policy is on the NMDC website, www.nmdc.co.in.

The grounds for banning of business dealings and the banning period as

per the policy are reproduced below:

Quote “Grounds for banning of business dealings:

i. For the sake of clarity, the grounds on which banning of business

dealings can be considered are given below. These are only illustrative, not

exhaustive. The Competent Authority may decide to ban the Business

dealings with an agency for any good and sufficient reason.

ii. Security considerations, including questions of loyalty of the agency to

the State.

iii. Conviction of the Director / Owner / Proprietor / Partner of the

agency a Court of Law for offences involving moral turpitude in relation

to its business dealings with the Government or any other Public Sector

Enterprises or NMDC during the last five years.

iv. Evidence / strong justification for believing that the Director / Owner /

Proprietor / Partner of the agency has / have been guilty of malpractices such

as bribery, corruption, fraud, substitution of tenders, interpolation in tenders,

etc.

v. The agency’s continuous refusal to return / refund the dues to NMDC without showing

adequate reason and this is not due to any reasonable dispute which

would attract proceedings in arbitration or Court of Law.

vi. The agency employs an employee who was dismissed / removed

by NMDC for an offence involving corruption or abetment of such an

offence.

vii. The banning of business dealings with the agency by the

Government or any other Public Sector Enterprise.

viii. The agency resorted to corrupt or fraudulent practices that may

include misrepresentation of facts and / or fudging / forging / tampering of

documents.

ix. The agency used intimidation / threatening or brings undue outside

pressure on NMDC / its officials in relation to business dealing.

x. The agency resorts to repeated and / or deliberate use of delay

Page 56 of 112

tactics in complying with contractual stipulations.

xi. Willful act of the agency to supply sub-standard material irrespective

of whether pre-dispatch inspection was carried out by NMDC or not.

xii. The findings of CBI / Police about the agency’s involvement in fraud

and / or transgressions in relation to the business dealings with NMDC.

xiii. Established litigant nature of the agency to derive undue benefit.

xiv. Continued poor performance of the agency in at least three preceding

contracts with NMDC.

xv. The agency misuses the premises or facilities of NMDC and / or

forcefully occupies, tampers or damages NMDC’s properties including land,

water resources, forests / trees, etc.

xvi. False allegation on NMDC officials by the agency if found proved

by the investigating Department including Independent External Monitor.

Banning Period: The banning period may range from six months to

three years depending on the gravity of the case as decided by the

Competent Authority. While deciding the banning period, the suspension

period, if any, shall also be taken into account”.

50. FORCE MAJEURE

Should at any time during the continuance of the contract the performance in

whole or in part of any obligations by either party under this contract be held up

by reasons of any war, hostility, acts of foreign enemy, civil commotion,

sabotage, fires, floods, earthquakes, explosions, epidemics, cyclones,

contamination by radio activity from any nuclear fuel, or from any nuclear waste

radioactive toxic explosive, Pressure waves caused by aircraft or other aerial

devices traveling at sonic or supersonic speeds, tornadoes, earthquakes and

landslides, loss or damage due to the use or occupation by the Employer of any

section or part of the permanent works except as may be provided for in the

Contract, quarantine restrictions, Governmental regulations, law and order and

other proclamations etc. or any other happening including judicial, executive or

Administrative orders of any Competent Authority, which are beyond the

control of either party (hereinafter referred to as “events”), then provided notice

of the happening of any such eventuality is given by either party to the other

within 15 days from the date of occurrence thereof neither party shall, by

reasons of such eventuality, be entitled to terminate this contract nor shall either

party have any claim for damage against the order in respect of such non-

performance or delay in performance, and the work under this contract shall be

resumed as soon as practicable after such eventuality has come to an end or

ceases to exist. The decision of the OWNER /Purchaser as to whether to resume

the work or not shall be final and conclusive, at the discretion of the Owner /

Purchaser, time of completion shall then be extended. No idle charges for the

equipment / manpower will be paid to the contractor.

Page 57 of 112

51.0 SECURITY CHECKPOST

The system of issue of gate pass will be adopted for the persons entering the

Mine and any in-coming or out-going equipment belonging to the

Firm/Company/Contractor. No movement of equipment out of the Mine shall be

permitted without issue of gate-pass by the Mines Manager.

**************

Page 58 of 112

NMDC LIMITED

DONIMALAI IRON ORE MINE

PO: DONIMALAI TOWNSHIP - 583 118

BELLARY DISTRICT, (KARNATAKA)

PART - III FINANCIAL AND COMMERCIAL TERMS

1.0 AMOUNT AND MANNER OF DEPOSIT OF EARNEST MONEY

1.1 EMD as specified in NIT must be deposited by the Bidder with the

Corporation on or before the last date for submission of Bids.

1.2 Earnest Money can be deposited in any of the following forms:-

Demand Drafts payable at State Bank of Mysore / Canara Bank,

Donimalai Township Branch, District Bellary (Karnataka)

1.3 EMD can also be accepted in the form of an irrevocable Bank Guarantee

of any Nationalized Indian Bank/scheduled commercial bank including

a foreign bank having a branch in India. The format of BG for EMD is

given in Annexure-IX. The said BG shall be valid for a period of 270 days

from due date of opening of Tender.

1.3.1 In case the Bidder wants to submit the EMD in the form of BG then

the Bidder should inform his banker that the original bank

guarantee should be sent to the tendering authority directly under

registered post (AD) and a copy of the BG shall be submitted along

with the Bid.

1.4 Payment of Earnest Money by cheque will not be accepted.

1.5 Earnest Money Deposit will not bear any interest. If due to any reason

the Tender could not be finalized, in such case the extension of the EMD

by the Bidder shall be asked for a suitable period. Extension of the EMD

for required period if not done, the bid will not be considered valid.

1.6 Request for adjustment of dues from the Corporation to Earnest Money

will not be entertained.

Page 59 of 112

2.0 FORFEITURE OF EARNEST MONEY

The EMD will be forfeited in the case:

2.1 The Bidder revokes his bid during his validity period.

2.2 The Bidder modifies his offer after due date of submission of his bid.

2.3 Validity of BG is not extended / kept valid for a period of three months,

beyond the extended validity of the offer.

2.4 The Bidder increases the price unilaterally after opening & during the

validity of the offer.

2.5 Subsequent to acceptance of the LoI , the successful Bidder refuses to

enter in to contract within the specified period.

2.6 The Successful Bidder fails to submit the BG towards SD/CPG within

the specified period.

2.7 The Successful Bidder doesn’t commence the work within the specified

time as specified in Letter of Award/Work Order.

2.8 The Successful Bidder provides any false information regarding Part –

A (Techno Commercial Bid).

GST shall be recovered on forfeiture of EMD at applicable rate.

3.0 REFUND OF EMD

The EMD of the bidders whose bids are not qualified/not acceptable will be

refunded immediately after finalization of techno-commercial bids (Part-A), in

the form of DD to those bidders who deposited EMD in the form of DD without

any interest, upon receipt of a written request by the bidder after deducting

bank charges, if any. Those, who submitted EMD in the form of BGs, the same

will be returned duly to the unsuccessful bidders.

All the disqualified Bidders after finalization of Techno-commercial bid (Part-A)

will be communicated so that they may submit their written request for the

refund of EMD – DD/BG.

The EMD of the bidders, who do not extend the validity of their offers beyond

stipulated period, when asked for by the Corporation, will be returned

immediately after the stipulated period and their offer will be rejected.

Refund of EMD for technically qualified/acceptable but unsuccessful bidders

Page 60 of 112

will be made in the form of DD to those, who deposited EMD in the form of DD,

after approval of award the work to the successful bidder, without any interest,

upon receipt of a written request by the bidder, after deducting bank charges, if

any. Those, who submitted EMD in the form of BGs, the same will be returned

duly to the unsuccessful bidders in the same way as stated above.

The EMD of the successful bidders will be returned after placement of order and

receipt of Security Deposit.

4.0 CONTRACT PERFORMANCE GUARANTEE (SECURITY DEPOSIT)

Within thirty (30) days of the date of letter of intent (LOI), the successful Bidder,

to whom the contract is awarded, shall furnish a bank guarantee /contract

performance guarantee (security deposit) from a nationalized Indian Bank, in

the format enclosed to the tender (Annexure-X of part-A). The guarantee

amount shall be equal to 10% of the contract value. The guarantee shall be for

due and faithful performance of the contract in accordance with the terms and

conditions specified in these tender documents. The guarantee shall be valid for

the total Contract period plus three months.

5.0 CORPORATION'S RIGHT TO APPLY THE PROCEEDS OF SECURITY

DEPOSIT

The Contract Performance Guarantee referred in Clause-4 of Part –III above

shall be for the due, faithful and efficient performance of the work by the firm

keeping in view the excavation schedule of the work, as herein after mentioned

in the Clause-9 , part –III. The Corporation shall also be entitled to apply the

proceeds of the Contract Performance Guarantee as well as of any other sums

becoming due to or payable to the Firm/Company/Contractor, but which have

not been disbursed to him or have been retained with the Corporation towards

meeting whole or part of any expenditure, damages or losses, to which the

Corporation may be put as a result of any act of omission, negligence or default

on the part of the Firm/Company/Contractor in relation to the agreement and /

or for defence or settling claims with respect to the sums owing by the

firm of other parties as a result of the agreement. Nothing contained in these

tender documents shall act to deprive the Corporation of its absolute right to

apply the proceeds of the Contract Performance Guarantee and other sums

becoming due for payment to the Firm/Company/Contractor but which have

not been disbursed to him or have been retained with the Corporation to such

purpose in relation to the Contract/agreement as it may decide, without

prejudice to the Corporation's other right and remedies.

Page 61 of 112

6.0 GENERAL TERMS OF PAYMENT

6.1 The hire charges for the Equipment linked with a Minimum Level of

excavation of Waste/Ore defined in the schedule shall be basis for the

payment to the firm. The firm shall have waste/ore dumped/stockpiled in

the area as shown by the Engineer I/C. The firm shall execute the subject

work as per the direction of the Engineer In-Charge. All charges for

Hiring of Mining Machineries for working in Donimalai Iron Ore Mine as

per subject work of this NIT shall be to the account of the firm. The

Firm/Company/Contractor shall submit his GST Invoice for payment once

in a month to the Engineer I/C during first week of the succeeding month.

Payment against this bill as due to him will be arranged within 30 days

of submission of bill.

6.2 The payment shall be monthly. The Firm/Company/Contractor shall

submit GST Invoice in triplicate duly supported by a statement showing

details of ‘Hiring of Mining Machineries for working in Donimalai Iron

Ore Mine’ date wise in a chronological order duly certified by the

designated Engineer In charge of the work. The same shall be payable

within a 30 (thirty) working days from the date of receipt of GST

Invoice. The amount due from the firm for any items, service, materials,

power, medical facilities etc. will be deducted from the monthly

Invoices.

6.3 Final payment for the work shall be released only after certification by

the Corporation or its nominee/ Engineer in charge on satisfactory

completion and performance of the contract in all respects by the

Firm/Company/Contractor and upon return in good condition of any

documents, drawings, samples, materials and other property belonging

to the Corporation, returnable as per the contract , compliance of all

other clearance or requirement as per the contract and vacation of site in

all respects by the Firm/ Company/Contractor.

6.4 The Corporation reserves the right to with-hold amounts due to it on

account of the Forest Dues owing to encroachment of non-deforested

areas and felling of trees from the Areas not to be worked by the firm on

receipt of intimation from the appropriate Government authorities

responsible for the collection of the same on account of failure on the

part of the firm to remit these dues within the stipulated/appointed

time.

6.5 Any statutory variations i.e. imposition of new tax/withdrawal of existing

tax, duties, levies imposed by the Government during the tenure of the

contract will be to Owner’s account, subject to submission of relevant

documentary evidence.

Page 62 of 112

6.6 Contractor agrees that any retention money withheld from any invoice

towards security against the obligation due from the contractor i.e., final

completion certificate, commissioning certificate etc., and payment for

such invoice be regarded as fully discharged for the purpose of GST.

7.0 PAYMENT OF HIRE CHARGES:

The payment of hire charges will be made on the basis of equipment working

hours for excavations of 1000 Tonnes of Waste/Ore and hourly rate quoted. The

payment for the hiring of Mining Machineries will be made only on the

following heads which is inclusive of any Auxiliary Equipments such as Water

sprinkler/Fuel Bowser/ Rock breaker etc.. required for smooth operation and

maintenance of the mining equipments and weigh bridges.

(a) Drilling Equipment:- Total charges on the basis of guaranteed drill working

hours for excavation of 1000 T of Waste/Ore.(This also includes secondary

Drilling).

(b) Excavator/Loader:- Total charges on the basis of guaranteed Hydraulic

shovel working hours for excavation of 1000 T of Waste/Ore.

(c) Transport Equipment (Truck/Tipper) :

Total charges on the basis of guaranteed Truck/Tipper working hours for

1000 T of Waste/Ore transported from mine face to designated dumping

place.

(d) Dozer: Total charges on the basis of guaranteed hours required to handle

1000 T of Waste/Ore.

(e) Weighment charges: On the basis of 1000 T of Waste/Ore Weighed (based

on net weight).

7.1 Payment will be calculated based on the guaranteed operating hours and

rate mentioned on part - B of schedule of rates for 1,000 tonnes of

Waste/Ore.

7.2 No payment will be made for idling of Machinery for any reason.

7.3 The Firm/Company/Contractor has to quote the hiring rates separately

for different Mining Equipment deployed by him linked to the overall

Waste / Ore excavation per month.

Page 63 of 112

7.4 The payment of hire charges of Waste / Ore excavation linked basis will

be made once in a month. However, the payment will not be more than

productivity rate.

7.5 The Hire charges shall include charges for Equipment Supply &

Maintenance and the Salary/Wages of operation and maintenance staff

etc.

7.6 Payment for initial development if any required for formation of

approach roads and benches will be computed on the basis of Waste

generated during the development stage.

8.0 SCHEDULE OF QUANTITIES

8.1 The schedule of excavation of Waste/Ore per month will be given by

Corporation for linking with hire charges. The quantities of work given in

the schedule of quantities must be strictly complied with. Any variation in

the quantities of work ordered by the Corporation cannot & shall not form

the basis of a dispute regarding the rates to be not paid nor give rise to any

claim for compensation on any account; such variations shall form part of

the contract & shall not be called in question;

8.2 Firm/Company/Contractor should carry out mining operation in such a

way to meet the monthly schedule agreed. Any shortfall against the

monthly schedule will be penalized as per clause 15, part IV of Special

Condition.

GST shall be payable on in addition to the penalty collected from the

contractor at the applicable rate.

9.0 PENALTY FOR SHORT SUPPLY

As the charges are linked with production / excavation / transportation, penalty

for short supplies shall be levied in terms of the clause 15, part IV of Special

Condition of this tender document.

Penalty for short supply received is liable to GST. Owner will recover penalty

along with interest from the firm/company/contractor

10.0 IDLE CHARGES

No idle charges will be paid for the men/machinery by the Corporation to

compensate for any idling caused to the contractor due to possible delays in

blasting done by Corporation or any other reason.

11.0 GST Invoices submitted by the Firm shall indicate the Basic prices,

GST rates and amount of GST etc, Invoice without GST will not be

entertained for processing

Page 64 of 112

12.0 The Bidder shall hold a valid PF code number duly allotted by the Provident

Fund Authorities. In case the bidder does not possess valid PF Code no., then

the bidder has to give an undertaking as referred in annexure XI.

13.0 The Bidder should hold the PAN issued by the IT Authorities & copy of the

same is to be submitted by Bidder while submitting bid.

14.0 The Bidders shall a copy of GSTIN number along with Bid. In case of failure on

part of the bidder to produce GSTIN, his tender will be liable for rejection

15.0 “No default certificate” from any financial institution or from practicing

Chartered Accountant along with self declaration by Owner / Director / Partner

shall be submitted.

16.0 Other GST Compliance Terms :

a) Contractor shall issue tax invoice indicating all the specified fields in the Tax

invoice rules including HSN/SAC codes, GSTIN Number etc.,

b) It is the responsibility of the contractor to determine the place of supply in

terms of the place of supply rules.

c) In the event of non-reporting of invoices for supplies effected to Employer

during month or non-acceptance of purchase data submitted by Employer

relying on the invoice received from contractor, Employer has the right to

withhold the GST.

d) Whenever advance against supplies is received if any, contractor shall issue

receipt voucher and pay the applicable GST in the month of receipt.

e) Contractor shall attend to all issues on reconciliation of invoices, mismatch

reports etc. to the satisfaction of Employer.

f) If the contractor fails to upload the invoice details in the GSTR return or fails

to pay applicable taxes under GST, additional cost of interest or penalty levied

to Employer by revenue authorities due to any default by contractor shall be

recovered from the contractor.

g) In case, the government notifies the activity covered in the contract for the

purpose of TDS under GST Act, Employer shall deduct TDS from the

contractor bills and will issue necessary certificate to the contractor to claim

credit of the same.

************

Page 65 of 112

NMDC LIMITED

DONIMALAI IRON ORE MINE

PO: DONIMALAI TOWNSHIP - 583 118

DIST: BELLARY (KARNATAKA)

PART – IV SPECIAL CONDITIONS

1.0 SCOPE OF WORK

1.1 Nature of work:

1.1.1 The scope of activities of the successful bidder shall include

Excavation of 24.00 LT (+/-20%) of ore and 84.00 LT (+/-20%) of waste in

two years and extendable by one more year @ 12.00 LT (+/-20%) of ore

and 42.00 LT (+/-20%) of waste per year in MMX area of DIOM by

engaging Mining equipments for drilling, excavation,

transportation, Weighment and stacking/dumping at designated

areas. Blasting will be done by NMDC at its own cost.

1.1.2 To maintain the above-mentioned stockpile/dump sites and

working site in safe working condition.

1.1.3 To maintain and operate Machinery/Equipment in safe and

environment friendly working conditions.

1.2 DURATION OF CONTRACT

The duration of Work Order to be granted to the successful Bidder shall be

for a period of 2 years. Thereafter, extendable by one more year at the

discretion of NMDC with mutual consent.

1.3 EXCAVATION TARGETS

Excavation Schedule during each year (1st year & 2nd year) are as follows:

Waste excavation : 42.00 Lakh Metric Tonne (+/-20%)

Ore excavation : 12.00 Lakh Metric Tonne (+/-20%)

Total ore and waste excavation in two years: 108.00 Lakh Tonne (+/-20%)

1.4 The Quantity of excavation may vary keeping the total excavation as fixed

above.

1.5 This contract may however be extended for another 1 year at the

discretion of Corporation with mutual consent on same terms &

Page 66 of 112

conditions and the production targets for the extended period will be

specified by the Corporation.

1.6 At the discretion of the Corporation, the contractor may be required to

produce higher quantity of either ore or waste or both, per annum. For

this purpose, Corporation shall give sufficient advance notice and a

period of three months shall be allowed thereafter to deploy machinery to

achieve the increased level of Production.

1.7 However, the detailed monthly schedule of total excavation (Ore+Waste)

will be finalized by Corporation in consultation with

Firm/Company/Contractor at the beginning of every year. The quantities

finalized will form the basis for calculations of penalty for short supply

of the year.

2.0 EQUIPMENT 2.1 The following Machinery/Equipment are required for operation:

S.0No. Description Numbers. Capacity

A Mining Equipments:

1 Hydraulic shovel / Front end

Loader of suitable capacity to

work in 6 mtrs high bench.

06 1.91 Cu.M

2. 4 ½ ” dia Crawler / Wagon drill

with Compressor and wet

drilling provisions

03 4/ ½ ” dia

3. Tippers 43 25 Tonnes

4. Dozer 02 200 H.P range

5 Loader 02 130 H.P range

6. Auxiliary equipments

Water sprinklers

Fuel Bowser

Rock Breaker

4

1

8 KL range

1

7 Weigh bridge 2 Min. 60 Ton

However, the size, number and the capacity of Equipment mentioned

above are of indicative nature. Contractor has liberty to deploy

equipments depending upon his own assessment, keeping working

conditions and targets in view. However at no point of time hauling

trucks of less than 25T capacities shall be allowed. The Contractor has

to deploy the equipment’s not more than 5-year-old at the time

of deployment and the safety features in equipment’s will be as

per latest DGMS guidelines/circulars. The hire charges may be

quoted for the above equipments. The payment of hire charges will be

calculated as indicated in clause 7 of Part - III. The minimum level of

Page 67 of 112

excavation will be as per the targets fixed for the month under clause 1.0

of Part IV of the tender document. However, the monthly target may be

varied depending upon the requirements at discretion of NMDC Ltd.

The cost is all inclusive including operation, maintenance crew etc.

2.2 All mining works such as drilling, excavation, transportation, Weighment

and stacking/dumping at designated areas have to be carried out by the

Firm/Company/Contractor only through the equipment given on hire to

the Corporation. The “designated area” means waste dumps/ ore

stockpile which will be within a distance of 4.6KM/1.4KM lead (one way)

from the excavation face in the mine.

2.3 Operators for operation of all equipments and plants will be provided

by the tenderer /contractor at its own Cost.

2.4 All the mining equipments including Drilling/Transportation/Dozing

shall be in good working conditions particularly with respect to Brake,

Horn, Steering and Lights. They should follow the rules as presented in

the model code of precautions for truck transport in open cast mines, as

per DGMS Circulars No: 11 of 1973, Clause 48 of Part-11 General terms

and conditions of NIT and other Circulars issued on the subject from

time to time by the Directorate General Mines Safety.

3.0 WEIGH BRIDGE

3.1 Two/Three (as demanded by Engineer-In charge) Computerized Weigh

bridges of min 60 Ton capacity (with print out facility, suitable UPS with

30 minutes backup, display for Weighment ,weighing software & other

reports etc., with provision for all the necessary stationary and fool proof

system with RFID as detailed below) to take weighment of empty and

loaded trucks shall be procured and installed by the tenderer at his / their

cost at the locations to be specified by NMDC Ltd., at the mine site, within

45 days from date of issue of Letter of Intent (LOI). It is the responsibility

of tenderer to get calibrated the weighment machine once in a year by the

concerned Certification Authority. The weighbridge provided should

have suitable weigh software having following features:-

i) Three levels of authorization (security) i.e. primary (User),

secondary (supervisor) and tertiary (admin).

ii) The reports should be downloadable into MS excel format.

iii) The software should be Windows compatible.

iv) All data should be backed up during the period of contract and

made available in soft copy when ever required.

v) The software should be capable of report generation shift wise,

truck wise, daily , weekly, monthly, material wise, block wise,

capacity of truck wise, period/time wise etc of active registered

vehicles as well as inactive (break down) vehicles.

Page 68 of 112

vi) The RFID system provided on weighbridge should be a long range

(minimum 5mtrs) ultra high frequency reader cum writer with

integrated antenna (industrial type) and suitable software as per

protocol defined by DMG.

vii) RFID tags as per protocol of DMG.

4.0 BLASTING

The Corporation at its own cost will carry out blasting operation including

manpower, transportation of explosives as per statute.

5.0 DUMPING/STACKING OF WASTE/ORE

5.1 Waste has to be dumped in the area earmarked for stocking the waste by

the Corporation or its authorised nominee.

5.2 The Ore has to be stockpiled in the area earmarked for staking the Ore by

the Corporation or its Authorized nominee. Ore stockpiled will be re-

handled by the Corporation’s shovel.

5.3 Weighted average lead (one way) from working faces to waste dump

yard is about 4.60 KM and to ore stockpile is 1.40 KM for the whole

contract period. However, at any point of time the lead distance for

stockpiling ore and waste dump may go up to 2.00 KM and 5.2KM one

way respectively.

6.0 OWNERSHIP OF THE MATERIAL

The ownership of all quantities of materials excavated by the hired equipments

during the mining operations, whether ROM or waste, whether dumped near

the mine shall vest with the Corporation and the Firm/Company/Contractor

shall have no rights on the above during or after execution of the contract.

7.0 WORKING HOURS AND WEEKLY DAY OF REST:

Working hours will be from 6 am to 6 pm or as decided by the Mines Manager

or its authorized nominee from time to time. There will be one weekly day of

rest in every week and there will not be any operations on such days unless

permitted by Mines Manager or his authorized nominee.

8.0 DUST SUPPRESSION

Please refer Clause 28.0 of Part II.

9.0 FIRE PREVENTION

The Firm/Company/Contractor shall take all possible precautions to prevent

fires of any nature in the general vicinity of his operations and shall be

responsible for all damages from fire due directly or indirectly to his own

activities or to those of his employees or to the activities of its agents or its

employees.

Page 69 of 112

10.0 SUPERVISORY STAFF:

The Firm/Company/Contractor shall provide the necessary statutory staff for

shift supervision. Each working shift shall be under the control of such numbers

of qualified Managerial and supervisory staff supervisors as required under the

Mining Act 1952.

11.0 COMMENCEMENT OF WORK

All the preliminary works such as deployment of equipments at site,

development of benches, laying of haul roads and erection of weighbridge

should be completed within 45 days (mobilization period) from the date of

issue of Letter of Intent(LOI) and production should commence immediately to

achieve the targets as per the schedules. The period of operation for the purpose

of completion of quantity will be reckoned after completion of the above period

of 45 days.

12.0 SAFETY, SANITARY AND MEDICAL REQUIREMENTS

12.1 The Firm/Company/Contractor and its agents and employees shall promptly and

fully comply with the safety, sanitary and medical requirements as stated therein

prescribed by law or as may from time to time be prescribed by the Mines

Manager to the end that proper work shall be done and that the Safety and

health of the employees and of the local communities may be safeguarded. In

case such regulations and orders are not observed by the contractor, they may be

enforced by the Engineer In-charge at the firm's expenses.

12.2 The Firm/Company/Contractor shall be solely responsible for the safety of the

employees in all phases of the work and shall provide and enforce the use of

such safeguards, helmets, goggles and other safety devices as may be required

by regulations from time to time in force. While working within the lease-hold

area, the Firm/Company/Contractor shall promptly report serious accidents of

his employees to the Mines Manager and shall take arrangements to render all

possible assistance to such employees. Firm/Company/Contractor has to take

suitable Insurance policy for their Workforce/Machinery.

12.3 All portions of work shall be maintained in a neat, clean and sanitary condition

at all times, toilets shall be furnished by the firm where needed for use of

employees on the work. First Aid facilities and supplies as required by the

regulations from time to time in force shall be kept at the work site.

12.4 All the workmen deployed in the mine to work under the control of

Firm/Company/Contractor will have to be examined medically under statute for

their fitness by the Corporation’s Doctors if not examined within 5 years from

the date of employment.

13.0 LIABILITY OF THE FIRM/COMPANY/CONTRACTOR FOR DAMAGE TO

CORPORATION’s EQUIPMENT

Page 70 of 112

Firm/Company/Contractor is liable for any damages caused to the Corporation’s

equipment etc. due to negligence of his employees.

14.0 LIABILITIES OF CONTRACTOR’S EMPLOYEE

All personnel engaged by the Firm/Company/Contractor in connection with the

performance of the work awarded shall be employees of the

Firm/Company/Contractor and no claim shall lie against the Corporation in

respect of the non-payment of wages or compensation of any description on the

part of the contractor to his employee or for any failure on the part of the

contractor in the discharge of his obligations to his employee.

15.0 PENALTY FOR SHORT SUPPLY

15.1 Contractor should carry out mining operation in such a way to meet

the monthly schedule agreed as per Clause 8 of part III. Any shortfall

against the monthly schedule will be penalized plus applicable GST

rates as prescribed in clause 15.2 of Part IV unless and until the

schedule is revised by the Corporation. However, the shortfall of a

particular month shall be allowed to be adjusted over a particular

quarter of 3 months and for shortfall spilling over to next quarter shall

only attract penalty. Quarter of 3 months shall be 3 months blocks from

the starting month of the contract unless stated contrarily & the penalty

payment with applicable GST rates shall not amount to reduction in

the annual target. No escalation decided under Clause-16 of Part IV

below will be applicable unless the total quantity provided under

Clause 1.3 of Part IV above for the previous year is completed.

15.2 For shortfall in agreed quantity of excavation (Waste/Ore) a Penalty @

Rs. 2.00 per Tone, shall be levied on the basis of clause 15.1 of part IV.

No idling charges or compensation of any kind will be payable to the

Contractor. Provided always that the total amount of penalty with

applicable GST for shortfall to be paid under this condition shall not

exceed 10% (Ten percent) of the total contract value of the Contract as

awarded and in no case more than 15% of the total contract value

including liquidated damages and applicable GST for delay in

completion Clause No. 17.

15.3 Any stoppage of work in any front for breakdown of any machinery

should not be the ground for non-fulfillment of target or it's carrying

forward to the next quarter over and above the normal stipulation at

Clause 1.7 of Special Conditions, Part IV.

15.4 Contractor agrees that any retention money withheld from any invoice

towards security against the obligation due from the contractor i.e., final

Page 71 of 112

completion certificate, commissioning certificate etc., and payment for

such invoice be regarded as fully discharged for the purpose of GST

16.0 PRICE VARIATION/PRICE ADJUSTMENT IN RESPECT OF VARIATIONS

IN LABOUR WAGES, COST OF MATERIAL / SPARES AND POL

16.1 Any increase or decrease in prices of labour wages, material / spares and

POL, shall be adjusted based on the formulae / provisions given below.

No other claim on account of any other variations either statutory or

otherwise shall be entertained by the Corporation.

i) Labour

Price variation due to change in labour, wages shall be adjusted as

per the following formula, from the second year of the contract and

onwards.

VL = CL X W X { LI – Lio }

100 Lio

Where VL = Escalation / de-escalation, amount payable /

deductable in Rupees on account of variation in

Labour Wages.

W = Cost of work in Rupees which shall be taken as

65% of the value of the work done at contract rate

during the period under reckoning.

CL = Labour component, expressed as percentage of

total value of work which shall be taken as 30% .

LI and Lio = Consumer price Index for Industrial Labour (All

India ) Declared by Labour Bureau, Govt of India and

Published in RBI Bulletin, as applicable for the period

under consideration, and that valid at the due date

for submission of tenders respectively.

ii) Material / Spares and Others

Price variation due to change in cost of materials / spares (other than the

materials supplied by the Corporation) shall be adjusted as per the

following formula, from the second year of the contract and onwards.

Vm = Cm x W X { MI – Mio }

100 Mio

Where Vm = Escalation / de-escalation amount payable / deductable in

Rupees, on account of variations in materials / spares cost.

Page 72 of 112

W = Cost of work in Rupees which shall be taken as 40% of the

value of the work done at contract rate during the period

under reckoning.

Cm = Component of material / spares and others, expressed as

percentage of total value of work, which shall be taken as

40%.

MI & Mio = Average All India Whole Sale Price Index for all

commodities as published in the RBI bulletin for the period under

consideration and that valid at the due date for submission of

tenders respectively.

iii) P O L ( Petrol / Fuel – Power, Light, Lubs )

Price variation due to change in cost of POL, shall be adjusted as per the

following formula, from the date of commencement of the work.

Vf = Cf x W x { Fi – Fio }

100 Fio

Where Vf = Escalation / de-escalation amount payable / deductable in

Rupees, on account of variations in cost of Petrol / Fuel,

Power, Light and Lubricants.

W = Cost of work in Rupees which shall be taken as 65% of the

value of the work done at Contract rate during the period

under reckoning.

Cf = Component of Petrol / fuel, power, light and lubricants

expressed as total value of work, which shall be taken as

30%.

Fi and Fio = Average All India Whole Sale Price Index for group “petrol

/ fuel, power, light, lubricants” as published in the RBI

bulletin for the period under reckoning and that valid at the

due date for submission of tenders respectively.

NOTE: - There shall not be any price variation / adjustment regarding charges

for weighment of the schedule of rates, throughout the period of contract.

16.2 Price variation / Price adjustment shall be worked out on the following

principles:-

16.2.1 Adjustment for price variation (escalation / de-escalation) shall be

worked out at quarterly intervals and shall be with respect to the

Page 73 of 112

cost of work done during the three calendar months of the said

quarter. The first such payment will be made at the end of three

months and thereafter at three months interval for calculating

escalation/de-escalation. At the time of completion of work, the last

period of payment may become less than three months depending

upon the actual date of completion.

16.2.2 The index (Mi, Fi, Li) relevant to any quarter, for which price

adjustment is paid, shall be the arithmetical average of the indices

relevant to the three calendar months. If the period up to date of

completion after covered by the last such installment of payment is

less than 3 months, the index Mi, Fi, Li shall be the average of the

indices for the month falling within that period.

16.2.3 For calculating escalation, base prices should be taken as on the

date of opening of the Bids.

16.2.4 In the event of fall in the value of the Indices, Indices for labour,

material and POL, the benefit of such fall shall be passed on to the

owner.

16.2.5 Price adjustment for escalation in the prices shall be available only

for the work done during the stipulated period of completion

including such authorized extension; which have been granted

by the Corporation, under the provisions of the Contract, without

any action under clause 17 part IV of Special conditions of

contract.

17.0 LIQUIDATED DAMAGES FOR DELAY IN COMPLETION

17.1 Time is the essence of the contract. It shall be the responsibility of the

Firm/Company/Contractor to complete the work within the stipulated

period of completion including the authorized extensions, if any, granted

by the Corporation. In case the Firm/Company/Contractor fails to

complete the work successfully within the period of completion including

the extended time as stipulated above, he shall be liable to pay the

Corporation, as liquidated damages with applicable GST and not as

penalty, a sum at the rate of ½% (Half percent) of the total contract value

of the work (as awarded) for every week or part thereof which shall be

elapsed between the scheduled time of completion of work (including the

authorized extended time if any) and the actual date of completion of work.

Provided always that the total amount of liquidated damages for delay to

be paid under this condition shall not exceed 10% (Ten percent) of the total

contract value of the Contract as awarded and in no case more than 15% of

the total contract value including penalty for short supply Clause no.15.

Page 74 of 112

17.2 Corporation, may, without prejudice to its any other method of recovery,

deduct the amount of such liquidated damages with applicable GST from

any money in hands, due, or which may become due, to the

Firm/Company/Contractor under the contract or from any other contract

between the Firm/Company/Contractor and the Corporation. The

deduction of such damages shall not relieve the Firm/Company/Contractor

of his obligation to complete the works and demonstrate the performance

of any of his other obligation and liabilities under the contract.

17.3 The Corporation, if satisfied, that the works can be completed by the

contractor within a reasonable time after the specified time for completion,

may allow further extension of time at its discretion with or without the

levy of L.D. In the event of extension granted being with L.D with

applicable GST, the owner will be entitled without prejudice to any other

right or remedy available in that behalf, to recover from the contractor as

agreed damages equivalent to half per cent (½%) of the contract value of

the works for each week or part of the week subject to the ceiling defined in

Clause 17.1 of part IV above.

17.4 The Corporation, if not satisfied that the works can be completed by the

contractor, and in the event of failure on the part of the contractor to

complete work within further extension of time allowed as aforesaid, shall

be entitled, without prejudice to any other right, or remedy available in that

behalf, to rescind the contract.

17.5 In addition to the above, the Corporation shall be free to cancel the contract

or a portion thereof and get the same executed through any other agency or

agencies at the risk and cost of the Firm/Company/Contractor. In the event

such action is taken, the Firm/Company/Contractor shall be liable to pay

for any loss which the Corporation may sustain but he will not be entitled

to any gain made by the Corporation on account of such default of

Firm/Company/Contractor. The manner and the method of taking such

action shall be at the entire discretion of the Corporation whose decision in

the matter shall be final and binding. This right shall be without

breach/prejudice to the other rights of the Corporation to recover damages

for any other breaches of contract by the Firm/Company/Contractor.

17.6 The owner, if not satisfied with the progress of the contract and in the event

of failure of the contractor to recoup the delays in the mutually agreed time

frame, shall be entitled to terminate the contract.

17.7 In the event of such termination of the contract as described in clauses17.5

or 17.6 part IV above or both the Corporation shall be entitled to recover

L.D. with applicable GST up to ten per cent (10%) of the contract value and

forfeit the security deposit made by the contractor besides getting the work

completed by other means at the risk and cost of the contractor.

Page 75 of 112

18.0 CONTRACT COORDINATION PROCEDURES, MEETINGS & PROGRESS

REPORTING

The Contractor shall prepare and finalize in consultation with Engineer in

charge, a detailed contract coordination procedure within 30 days from the

date of issue of Letter of Award of Contract for the purpose of execution of

the Contract.

The Contractor shall have to attend all the meetings with Engineer in

charge during the currency of the Contract, as and when required and fully

cooperate with such persons and agencies involved during these

discussions

19.0 TERMINATION :

19.1 Corporation reserves the right to terminate the contract at any point of

time by giving one (1) months notice and in case the contract is

terminated due to default on the part of Firm/Company/Contractor,

Corporation will also have the right to execute the balance work through

an alternate agency at the risk & cost of the Firm/Company/Contractor.

19.2 If the Contract is terminated because of a fundamental breach of Contract

by the Firm/Company/Contractor, the corporation or his nominee shall

issue a certificate for the value of the work done less advance payments

received up to the date of the issue of the certificate, less other recoveries

due in terms of the contract, less taxes due to be deducted at source as per

applicable law and less the percentage to apply to the work not

completed as indicated in the Contract Data. Additional Liquidated

Damages shall not apply. If the total amount due to the Corporation

exceeds any payment due to the Firm/Company/Contractor; the

difference shall be a debt payable to the Corporation.

19.3 If the Contract is terminated at the Corporation’s convenience or because

of a fundamental breach of Contract by the Corporation, the

Corporation or his nominee shall issue a certificate for the value of the

work done, the reasonable cost of removal of Equipment repatriation of

the Contractor’s personnel employed solely on the Works, and the

Contractor’s costs of protecting and securing the Works and loss of profit

on uncompleted works less advance payments received up to the date of

the certificate, less other recoveries due in terms of the contract and less

taxes due to be deducted at source as per applicable law.

19.4 All materials on the Site, Equipment, Temporary Works and Works for

which payment has been made to the contractor by the Corporation, are

deemed to be the property of the corporation, if the Contract is

terminated because of a Contractor’s Release from Performance.

Page 76 of 112

19.5 If the Contract is frustrated by the outbreak of war or by other event

entirely outside the control of either the Employer or the Contractor, the

Corporation or his nominee shall certify that the Contract has been

frustrated. The Contractor shall leave the Site and stop work as quickly

as possible after receiving this certificate and shall be paid for all work

carried out before receiving it and for any work carried out afterwards to

which commitment was made.

20.0 INSURANCE

20.1 The contractor shall maintain and shall require his sub-contractors to

maintain in full force and effect, policies obtained from insurance

companies in India, acceptable to Engineer, during the execution of this

Agreement,

i) All such insurance as are required by law for the purpose at the contract

at the cost of the Contractor.

ii) All such insurance required in respect of equipment purchased out of

advance received from the Owner at the cost of the Contractor.

iii) All such insurance required in respect of tools, plant, equipment and

materials issued by the Owner, if any.

iv) Insurance for works against loss and damage due to fire, flood,

earthquake, riots, civil war, insurrection, damage by aircraft and

hostilities and due to other reasons over which the Contractor has no

control (defined under Excepted Risks) which shall be for the full

amount of the contract value and the policy shall be effected in the name

of the Owner.

v) Any additional insurance required specifically by the Owner/Engineer at

the cost of the Contractor.

vi) Third Party Insurance: Before commencing execution of the work, the

Contractor shall, without in any way limiting his obligations and

responsibilities under clause 6.18 (i) to (v) above insure against any

damage, loss or injury which may occur to any property including that

of the Owner or to any person (including any employee of the Owner)

by or arising out of carrying out of the contract.

20.2 The aforesaid insurance policy/policies shall provide that they shall not

be cancelled till the Owner has agreed to their cancellation.

Page 77 of 112

20.3 The Contractor shall prove to the Owner from time to time that he has

taken out all the insurance policies referred to above and has paid the

necessary premia for keeping the policies alive till expiry of the Defects

Liability Period.

20.4 The Contractor shall ensure that similar insurance policies are taken

out by his sub contractors (if any) and shall be responsible for any claims

or loss to the Owner resulting from their failure to obtain adequate

insurance protection in connection with thereof. The Contractor shall

produce or cause to be produced by his sub contractor (if any) as the

case may be, the relevant policy or policies and premium receipts as and

when required by the Owner.

20.5 If the Contractor and/or his sub-contractors (if any) shall fail to effect

and keep in force the insurance(s) referred to above or any other

insurance which he/they may be required to effect under the, terms of

the Contract, then and in any such cases, the Owner may, without being

bound to do so keep in force any such insurance and pay such premium

or premia as may be necessary for that purpose and from time to time

deduct the amount so paid by the Owner from any money due or which

may become due to the Contractor or recover the same as a debt due

from the Contractor with interest @ 15% per annum.

20. LIMITATION OF LIABILITY

Except in cases of criminal negligence, willful nonperformance or

willful default,

a) The Contractor shall not be liable to the Employer, whether in

contract, tort, or otherwise, for any indirect or consequential loss or

damage, loss of use, loss of production, or loss of profits or interest

costs and

b) The aggregate liability of the Contractor to the Employer, whether

under the Contract, in tort or otherwise including the cost of repairing

or replacing defective equipment, shall not exceed the 100% (Hundred

Percent) of the contract price plus escalation if applicable as per

contract, provided that this limitation shall not apply to any obligation

of the Contractor to indemnify the Employer with respect to copyright,

patent infringement, workman compensation and statutory liabilities

in general that the Employer may be required to additionally bear due

to default of the Contractor.

Page 78 of 112

21.0 DISCLAIMER

Not-with-standing that anything contained or stipulated in any of the

Para of this Tender Document the quantities, no. and specifications of

the equipment indicated are only indicative / suggestive and subject to

variance to any percentage. Since mining is a sequential process, no

Firm/Company/Contractor can claim any damages or compensation

due to the failure of any sequential jobs which results in variance of the

quantity etc. No claim for idle charges or loss or profit at consequential

losses can be entertained. No claim of opportunity loss, notional loss

shall be entertained. If the time is extended at the request of the

Firm/Company/Contractor, the Firm/Company/Contractor is

continued to be liable for payment of liquidated damages and time

shall be continued to be the essence of the contract, despite extension of

the contract. The Firm/Company/Contractor shall be paid only on the

deployment of the stipulated or specified machine for the specified job

and the payment is always linked with the ultimate production. The

desired quantity of Waste/Ore excavation is indicated in the Tender

Document for the purpose of the calculations and the Corporation does

not guarantee any quantity to be mined to the bidder or by the bidder.

************

Page 79 of 112

ANNEXURE-I

Format of Letter of Undertaking:

(To be submitted with Techno Commercial - Bid)

PROFORMA OF LETTER OF UNDERTAKING (LOU) (To be submitted by the Bidder / Contractor along with the Bid)

(To be executed on non-judicial stamp paper of value not less than Rs 100/- OR on tenderer’s letter head in case of only foreign bidder)

(ITT CLAUSE - ……)

Bidder’s Ref. No. --------------------------dated

M/s NMDC Limited,

Khanij Bhavan, 10-3-311/A, Castle Hills, Masab Tank, Hyderabad - 500 028 Telangana, INDIA

Dear Sir,

1. I/We* have read and examined the following Tender / Bidding Documents relating to the work of “___________(Name of work)”, as detailed in enclosed Tender documents (Tender enquiry no-----)

a) Notice Inviting Bid / Tender (NIT) b) Instruction to Bidder / Tenderer (ITT) c) Form of Contract Agreement with Appendices d) Conditions of contract including General Conditions of Contract (GCC), Special Conditions of Contract (SCC), and any other conditions as per tender documents (to be indicated in the format in tender document)

e) Technical Specifications and scope of work

f) General Technical Specifications (GS) g) Safety Code for Contractors h) Integrity pact i) Tender drawings j) Any other documents (specify) including addenda, if any.

2. Having examined the bidding documents, including addenda, the receipt of which is hereby acknowledged, I/We*, the undersigned, offer the above-named Facilities / work in full conformity with the said bidding documents for the sum as mentioned in Price Bid or such other sums as may be determined in accordance with the terms and conditions of the Contract. I/We*hereby submit our Bid as per terms of NIT and other documents.

3. I/We* further undertake, if invited to do so by you, and at my/our own cost, to attend a clarification meeting at a place of your choice, for the purpose of reviewing my/our Bid and duly noting all amendments and additions thereto, and noting omissions there from that you may require.

4. I/We* undertake, if our bid is accepted, to commence execution of the work / work of the facilities and to achieve completion within the respective times stated in the bidding documents / quoted by us in my / our bid.

Page 80 of 112

5. If my/our bid is accepted, we undertake to provide a Performance Bank Guarantee in the form, in the amount, and within the time specified in the bidding documents.

6. We undertake to keep my/our Bid valid initially upto ……………(date/month/year) i.e., for a period of ___________ (_____) days from the due date of opening of Bid. We hereby further undertake that I/We* shall not vary/alter or revoke my/our Bid during the said period or extended period, if any

7. I/We* also submit herewith the prescribed EMD. NMDC shall have the right to forfeit the EMD, in addition to any other provision of ITT, if I/We do not comply with the undertaking given at 4, 5 & 6 above.**

OR

I/ We* claim exemption from submission of ‘Cost of tender document’ and / or ‘EMD’ as per relevant provisions indicated vide Clause of NIT for being a PSU / MSE holding valid registration with ____________(name of agency with whom registered) under MSMED Act’2006for the ‘Tendered Item/Services’ and enclose herewith the following documents**:

copy of relevant registration certificate under which exemption is sought (in case of PSUs) **/ Notarized copy of valid registration certificate under MSMED Act’2006 for the ‘Tendered Item / Services’ as per scope of work of the tender in case of MSEs .

Copy of confirmation / verification letter issued in this regard by NMDC as per the NIT.

8. Should this Bid be accepted, we also agree to abide by and fulfill all the terms, conditions and provisions of the above mentioned Bid documents.

9. I/We have a) Purchased the bid document from NMDC** b) Downloaded the bid document and subsequent clarifications / amendments /corrigendum’s, if any from NMDC’s website** c) Downloaded the bid document and subsequent clarifications / amendments /corrigendum’s, if any from Central public procurement portal**

10. I/We* further undertake that I/We* have not altered / modified the contents of the Bid documents down loaded from website.

11. I/We* hereby confirm that before submission of this bid, I/We* have visited the site and fully acquainted with local conditions and factors for execution of the works covered under these Bid documents and technical specifications and that we shall have no claims against NMDC on these counts at any time”.

12. Until a formal Contract is prepared and executed between us, this bid, together with your written acceptance thereof and your notification of award shall constitute a binding Contract between us.

13. I/We* understand that you are not bound to accept the lowest or any bid you may receive and in-turn we will not have any rights to raise any claim, whatsoever it may be, due to or arising out of rejection of our bids.

14. I/We* shall abide by the provisions of the Integrity Pact in completeness.

15. I/We* confirm that we have submitted our bid as a sole bidder */ as a consortium of companies* and we comply with requirements of the bidding document and in particular the clause on joint bidding as applicable to us.

Page 81 of 112

Signature along with Seal of Co. …………………………………..

(Of the person duly authorised to sign the Bid)

Name - …………………

….. Designatio

n

- …………………

…

(In block letters) Name of Company - ……………………….

Date & Postal Address -…………………..

WITNESS

Signature - …………………………………… Telegraphic Address- ……………………………

Date - ………………

Name & Address - …………………

….. …………………

…. Telephone No. - …………………

…

Strikeout whichever is not applicable.

*- Strike out whichever is not applicable ** - Point no. 7 above-Strike out the option whichever is not applicable. ** - Point no. 9 above-Strike out the option whichever is not applicable.

Page 82 of 112

(On NJP of Rs.100) ANNEXURE-II

FORM OF CONTRACT AGREEMENT

(Ref. ITT Cl. ……..-‘Contract Agreement’ and GCC Cl. …. –‘Manner of Execution of

Contract’) (To be executed on non- judicial paper of value not less than Rs 100/-) (Subject to modifications as required by the OWNER)

Contract Agreement No. ____________________dated……………………

THIS AGREEMENT made and entered into this………..day of ……………Two Thousand and _____between

NMDC Limited having its registered office at Khanij Bhavan, 10-3-311/A, Masab Tank, Hyderabad-500 028 (hereinafter referred to as the “OWNER”) which expression shall, unless excluded by or repugnant to the context or the meaning thereof, be deemed to include its successors and permitted assigns of the ONE PART

AND M/s ______________________, having its registered office/principal place of

business at ____________________________ in the state of ____________ (hereinafter referred to as the “CONTRACTOR”) which expression shall, unless excluded by or repugnant to the context or the meaning thereof, be deemed to include its successors and permitted assigns of the OTHER PART.

WHEREAS, the OWNER invited tender for the work of

“……………………………………..” vide Tender Enquiry No. …………………… dated __________

AND

WHEREAS, the CONTRACTOR submitted tender to the OWNER for execution of the work of “…………………………………………….” in accordance with the tender documents

AND WHEREAS, the OWNER has accepted the tender submitted by the CONTRACTOR for

the work of “…………………………………………….”.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this agreement words and expression shall have the same meanings as are respectively assigned to them in the conditions of contract hereinafter referred to.

2. The following documents issued for the work shall be deemed to form and be read and construed

as part of this agreement viz.

a. Notice Inviting Tender b. Instructions to Tenderers c. General Conditions of Contract d. GeneralTechnical Conditions e. Special Conditions of Contract f. Technical Specifications, Scope of Work & BOQ g. Price Schedule (including ‘Preamble’, Summary of Prices - ‘Form-----’ and Tables------),

Page 83 of 112

h. Tender drawings j) Time Schedule i. All correspondence after issue of tender enquiry till issue of Letter of Award of

Contract and acceptance of Letter of Award of Contract.

3. In consideration of the payments to be made by the OWNER to the CONTRACTOR as herein after mentioned, the CONTRACTOR hereby covenants with the OWNER to guarantee

“…………………………………..” in conformity in all respects with the provisions of the contract.

4. The OWNER hereby covenants to pay the contractor in consideration of

“…………………………………..”, the contract price at the times and in the manner prescribed by the contract.

Signed, sealed and delivered by ………………………………in the presence of _______________________ ________________________ Dated Signature of Contractor For and on behalf of NMDC Limited in the capacity of _____________ Dated Signature of OWNER, on behalf of M/s

_____________ Designation Address:

Witness: Witness: 1) Signature: 2). Signature: Name: Name: Address Addres 3) Signature: 4). Signature: Name: Name: Address Addres

Page 84 of 112

ANNEXURE-III

(To be submitted with Techno Commercial - Bid)

INFORMATION ABOUT THE TENDERER

Sl. No. Information requested Tenderer’s reply [to be filled-in / replied appropriately by the tenderer along with supporting documents as applicable.]

1 Information regarding constitution / legal status of the tenderer:

a Name of the firm :

b Type of the firm (Limited/Partnership/Proprietorship etc.)

c Place of Incorporation / Registration :

d Year of Incorporation/ Registration :

e Whether supporting document(s) regarding (1) above are enclosed

(Copies of Certificate of Incorporation / Articles of Association /Partnership Deed etc., as applicable to be enclosed.)

Yes / No

Following document(s) are enclosed:

2 Power of Attorney of signatory of tender Enclosed /Not enclosed

3 Information regarding tenderer’s registration under MICRO/SMALL/MEDIUM ENTERPRISES ACT 2006 (MSMED Act’2006)

[Please refer pertinent Clause …… of NIT of tender document for applicable provisions]

Page 85 of 112

a Whether the tenderer holds a valid registration under MSMED Act’2006 whose scope of registration covers the ‘Tendered

Item’ with reference to the scope of work defined in these tender documents

Yes / No

b If answer to (a) above is YES, then whether a notarized copy of such registration certificate with MSMED is enclosed with Part-I of tender.

Yes /No

c If answer to (a) and (b) above is YES, then whether exemption is being claimed from submission of EMD and Cost of tender document (exemption from submission of EMD is not applicable to Central Government Departments / PSUs).

Yes / No

6 Details of signatory to tender for correspondence / communication :

Name & Designation :

Telephone No :

Fax No :

E-mail ID :

7 Account details of the tenderer for facilitating e-payment: (Details of Bank Account of tenderer indicating Name of the bank and branch, Branch Code, Account Number of the firm, RTGS/IRSC Code of the Bank etc. to be furnished for facilitating e-Payments)

8 Permanent Account Number :

Whether Photocopy of Permanent Account Number (PAN) issued by Income tax department is enclosed

Yes /No

9 Goods & Service Tax No./Taxpayer’s Identification No. in the State of _______

10 GSTIN No.

Whether Copy of GSTIN is enclosed Yes /No

Page 86 of 112

12. Bidder hereby declares that,

(a). “I/We am / are not associated, nor has been associated in the past, directly or indirectly, with the Consultant or any other entity that has prepared the design, specifications, and other documents for NMDC for this Contract.”

(b). “The Proprietor / any Partner of my / our firm / Director of my/ our Company (as the case may be), does not have any relation with any of Owner’s employees / Director(s)” *

OR*

“The Proprietor / Partner of my / our firm / Director of my/ our Company (as the case may be), has relation with Owner’s employees / Director(s), the details of which are enclosed” *

(*Strike off whichever is not applicable)

(c) “I/ We hereby certify that my/our firm has not been debarred/ banned by any Office/Department/Undertaking of the State / Central Govt. of India, at any time for supplying stores or services of any description.”

Signature of the tenderer with date and seal

Note: Tenderers to enclose separate sheets for providing the required details, as

necessary. All pages should be signed and stamped by the tenderers.

Page 87 of 112

ANNEXURE-IV

(To be submitted with Techno Commercial - Bid)

FORMAT OF DETAILS OF WORK DONE AS PRE-QUALIFICATION REQUIREMENTS: Details of work done by the Bidder as per Technical requirement given at PQ Criteria Clause of NIT / Bid Data Sheet

(Use separate sheet for each work)

1. Name of the Tenderer

2. Country (Place of Work done)

3. Name of the client

4. Client’s full postal address including telephone nos./ fax nos., e-mail etc. of client

5. Name of work and special features relevant to this

contract

6. Contract role (Strike-off whichever is not applicable)

Sole Contractor

Sub Contractor

7. Value of the total contract (Rs.)

8. Actual Executed Value of work (Rs.)

9. Date of Award

10. Date of Commencement

11. Scheduled Date of Completion

12. Date of Initial Operation and Commissioning / Actual Date of Completion (Please specify)

13. Contract duration

14. Reasons for delay, if any

15. Whether copy of work order / relevant pages of contract agreement furnished? (Yes/No)

16. Whether satisfactory completion certificate furnished from client ? (Yes/No)

17. Whether successful commissioning certificate furnished from client ? (Yes/No)

The above information shall be supported by relevant documents such as

notarized copy of work orders / relevant pages of agreements, completion

certificates, commissioning certificates / taking over certificates issued by the

client for each work. In the absence of documentary proof, the details will be

ignored. Owner reserves the right to seek from the tenderer for submission

of further details / information as necessary during evaluation of tenders.

Signature of the tenderer with date and seal

Page 88 of 112

ANNEXURE - IVA Details of work done by the Bidder’s associate /Consortium member (if any) as per Technical requirement given at PQ Criteria Clause of NIT (clause no…..) / Bid Data Sheet (Use separate sheet for each work)

1. Name and address of Tenderer’s associate/Consortium member (if any)

2. Country (Place of Work done)

3. Name of the client

4. Client’s full postal address including telephone nos./ fax nos., e-mail etc. of client

5. Name of work and special features relevant to this

contract

6. Contract role (Strike-off whichever is not applicable) Sole Contractor

Sub Contractor

7. Value of the total contract (Rs.)

8. Actual Executed Value of work (Rs.)

9. Date of Award

10. Date of Commencement

11. Scheduled date of completion

12. Date of Initial Operation and Commissioning / Actual Date of Completion (Please specify)

13. Contract duration

14. Reasons for delay, if any

15. Whether copy of work order / relevant pages of contract agreement furnished? (Yes/No)

16. Whether satisfactory completion certificate furnished from client? (Yes/No)

17. Whether successful commissioning certificate furnished from client? (Yes/No)

The above information shall be supported by relevant documents such as notarized copy of work-orders / relevant pages of agreements, completion certificates, commissioning certificates / taking over certificates issued by the client for each work. In the absence of documentary proof, the details will be ignored. Owner reserves the right to seek from the tenderer for submission of further details / information as necessary during evaluation of tenders.

Signature of the tenderer with date and seal

Page 89 of 112

ANNEXURE-V

(To be submitted with Techno Commercial - Bid)

FORMAT OF DETAILS OF WORKS IN HAND / CONCURRENT COMMITMENTS OF THE TENDERER

DETAILS OF WORKS IN HAND AT PRESENT SNO Full address

of the client Value of contract

Date of commence ment

Scheduled completion as per contract

Reasons for delay if any

Status as on date of submission of the tender

Note: The above shall be supported by the copies of the relevant certificates like

copies of work orders, agreements, from the clients.

Signature of the tenderer with date and seal

Page 90 of 112

ANNEXURE-VI

(To be submitted with Techno Commercial - Bid) FORMAT OF STATEMENT OF EXCEPTIONS AND DEVIATIONSSTATEMENT OF

EXCEPTIONS AND DEVIATIONS TAKEN FROM THE TENDER CONDITIONS BY THE TENDERER/ DEVIATIONS TO THE BID CLAUSES

(To be included in the part of the tender containing Techno-commercial

offer)

NAME OF WORK: -------------------------------------------------- NAME OF TENDERER : --------------------------------------------------------

NOTES: (1) As pointed out in section ITT ‘Instruction to Tenderers’, Tenderer shall stipulate here exceptions and deviations to tender conditions, if considered unavoidable.* (2) Tenderers should quote their offer in total conformity to the tender terms. No deviations are permitted in the commercial conditions of the tender document in general and offers may be liable for rejection in case of deviations to the commercial conditions of tender document. In case any deviations are unavoidable in the technical conditions the same shall be furnished in the prescribed pro-forma as per this prescribed annexure to the ITT, indicating therein the exception and deviations taken from the tender conditions by the Tenderer. * (3) The Tenderer here by certifies that the deviations mentioned below are the only deviations to the tender conditions.

(4) Deviations elsewhere furnished (i.e. at a place other than this Annexure) shall be

ignored.

(5) If there are no deviations proposed, then this Annexure has to be submitted by clearly indicating ‘NIL’ deviation.

Sl.no Section Reference of the Tender document

Clause No. of the Section Reference of Tender document

Clause as given in the Tender document

Deviation as proposed by the Tenderer/ Intended effect

Reasons for deviation

1 2 3 4 5 6

Signature of the Tenderer with date and stamp

[* Details regarding point Nos (1) & (2) above should be highlighted while seeking approval of Competent Authority on the draft tender documents and accordingly incorporated in the tender documents]

Page 91 of 112

ANNEXURE –VII

(To be submitted with Techno Commercial - Bid)

NMDC Ltd.

DONIMALAI IRON ORE MINE

P.O. DONIMALAI TOWNSHIP, PIN : 583118, DIST: BELLARY, KARNATAKA

STATEMENT OF MACHINERIES

Sl. No. Name of the equipment No. of equipments owned No. of equipments hired Nos to be deployed on work

Owned Hired

DETAILS OF MANPOWERS WITH SPECIFIC REFERENCE TO MINES FOREMAN,

MECHANICAL ENGINEER, ASSTT. MANAGERS & SUPERVISORS ETC.

NAME DESIGNATION QUALIFICATION EXPERIENCE

1. Copy of Equipment Registration to be enclosed. 2. Copy of Hire Agreement in Case of hired Equipment Signature of the Bidder to be enclosed including Ownership Proof. With seal

Page 92 of 112

ANNEXURE -VIII

(To be submitted with Techno Commercial - Bid)

NMDC Ltd.

DONIMALAI IRON ORE MINE

P.O. DONIMALAI TOWNSHIP, PIN : 583118, DIST: BELLARY, KARNATAKA

STATEMENT OF MACHINERIES TO BE DEPLOYED FOR THE WORK

Sl. Name of Machine / Make & Model Capacity No. No. Proposed Year of Owned Hired Reg. No. Remarks

No. Equipment & other details Possessed to be utilized purchase of Vehicle /

for this work Tipper Etc.

NOTE: a) Documentary proof for each machine/equipment to be submitted for owning or for hiring b) In case of hiring, the copy of the agreement and the ownership certificates to be submitted for each equipment

Signature of the Bidder With Seal

Page 93 of 112

ANNEXURE-IX

PROFORMA FOR BANK GUARANTEE IN LIEU OF EARNEST MONEY

DEPOSIT

(On Non-judicial stamp paper of value not less than Rs.100.00 from

Nationalized Indian Bank)

__________________________Bank Ltd.,

__________________________

__________________________

B.G.No.___________________

A/c. of (Name & Address)________________________________

Limit of liability Rs.________________________________Date of expiry

______________

Ref: Tender Notice No.

___________________________________dt.__________________ For (Name of

work) ____________________________________________________________

______________

_________________________________________________________________________

__

Subject: Earnest Money Deposit

___________________________________________________________________

To

NMDC Ltd.

Donimalai Iron Ore Mine

PO Donimalai township

Pin 583118

District Bellary

Karnataka State

Page 94 of 112

Dear Sirs,

In consideration of the NMDC Ltd., (hereinafter called “the Company”)

which expression shall unless repugnant to the subject or context include his

successors and assigns having agreed to exempt M/s __________________ from

demand under the terms & conditions of Tender No._______________ _issued by

the Company for the works (hereinafter called the said “Document”) from deposit

of Earnest Money for the due fulfillment by M/s

______________________________(name of the Tenderer) of the terms and

conditions contained in the said Document on production of Bank Guarantee for

_______________(Rupees _____________________ only). We the _________ Bank

Ltd. (hereinafter referred to as the said “Bank”), a company under the companies

Act, 1956 and having our registered office at _________________________ do

hereby undertake and agree to indemnify and keep indemnified the Company to

the extent of Rs.________ (Rupees ________________________ only) against my

losses, damage cost, charges and expenses caused to or suffered by or that may be

caused or suffered by the Company by reason of any breach or breaches by( M/s

__________________________(name of the tenderer) of any of the terms and

conditions contained in the said Document and unconditionally pay the amount

claimed by the Company on demand and without demur to the extent aforesaid.

2. We ________________ Bank Ltd., do hereby undertake to pay the amounts

due and payable under the guarantee without any demur, reservation, protest and

not withstanding any dispute between the Company and the Tenderer merely on

a demand by you stating that the amount claimed is due by way of loss or

damage caused to or would be caused or suffered by you by reason of any breach

by M/s ___________________(name of the Tenderer) of any of the terms and

conditions contained in the said Document by reason of the M/s

______________(name of the Tenderer)’s failure to perform conditions of the said

Document. Any such demand on the Bank shall be conclusive as regards the

amount due and payable by the Bank under this guarantee. However, our liability

under this guarantee shall be restricted to an amount not exceeding

Rs.______________.

3. We _______________ Bank Ltd., further agree that the Company shall be the

sole judge of and as to whether M/s _______________ (name of the Tenderer) has

committed any breach or breaches of any of the terms and conditions of the said

Document and the extent of loss, damage, costs charges and expenses caused to or

suffered by or that may be caused to or suffered by the Company on account

thereof to the extent of the Earnest Money required to be deposited by M/s

________________(name of the Tenderer) in respect of the said Document and the

Page 95 of 112

decision of the Company that M/s ______________________ (name of the

Tenderer) has committed such breach or breaches and as to the amount or

amounts of loss, damage, costs, charges and expenses caused to or suffered by or

that may be caused to or suffered by the Company shall be final and binding on

us.

4. We _____________ Bank Ltd., further agree that guarantee herein contained

shall remain in full force and effect during the period that would be taken for the

performance of the said Document and that it shall continue to be enforceable till

all your dues under or by virtue of the said Document have been fully paid and

its claims satisfied or discharged or till you certify that terms and conditions of

the said document have been fully and properly carried out by the said M/s

_____________ and accordingly discharge the guarantee. Unless a demand or

claim under this guarantee is made on us in writing on or before the __________

we shall be discharged from all liability under this guarantee.

5. We ____________ Bank Ltd., further agree with you that you shall have the

fullest liberty without our consent and without affecting in any manner our

obligations hereunder to vary any of the terms and conditions of the said

Document or to extend time asked by M/s_________ from time to time or to

postpone for any time or from time to time any of the powers exercisable by you

against M/s _________________ and to forbear or enforce any of the terms and

conditions relating to the said document and we shall not be relieved from liability

by reason of any such variation or extension being granted to M/s

____________________ or for any forbearance act or omission on your part or any

indulgence by you to M/s ________________ or by any such matter or thing

whatsoever under the law relating to sureties would but for this provision have

effect of so relieving us.

6. It shall not be necessary for the company to proceed against M/s

_____________________before proceeding against the Bank and the Guarantee

herein contained shall be enforceable against the Bank, notwithstanding any

security which the Company may have obtained from M/s _______________ at this

time when proceedings are taken against Bank hereunder be outstanding or

unrealized.

7. We _____________Bank Ltd., further undertake to unconditionally pay the

amount claimed by the Company merely on demand and without demur to the

extent aforesaid.

8. We the said Bank lastly undertake not to revoke this guarantee during its

Currency except the previous consent of the Company in writing and agree that

Page 96 of 112

any change in the constitution of the Company or of M/s

_____________________________ or the said Bank shall not discharge our liability

hereunder.

9. Not withstanding anything contained herein.

(i) Our liability under this bank guarantee shall not exceed Rs.____ (

)

(ii) This Bank Guarantee shall remain valid upto

________________________

(iii) Our liability to make payments shall arise and we are liable to pay the

guaranteed amount or any part thereof under this guarantee only and only if

you serve upon us a written claim or demand in terms of guarantee on or

before ___________

Witness Dated _________day of ___________20______

For ___________________ Bank Ltd.,

Signature ____________________

Seal

Note:

While issuing the Bank Guarantee either for Earnest Money the issuing

Bank must furnish the following.

- Name and address of the Bank, (Branch).

- Contact Person.

- Telephone no.

- Fax no.

- E-mail address

Page 97 of 112

ANNEXURE-X

PART-A

PROFORMA FOR BANK GUARANTEE FOR CONTRACT PERFORMANCE

(On Non-Judicial Stamp Paper of value not less than Rs. 100/- From

Nationalized Indian Bank)

The Non-Judicial Stamp paper should be in the name of issuing Bank.

Ref: Bank Guarantee No. Date:

To

NMDC Ltd.

Donimalai Iron Ore Mine

PO Donimalai township

Pin 583118

District Bellary

Karnataka State

Dear Sirs,

In consideration of the NMDC Ltd.., (herein after referred to as the ‘Owner’

which expression shall unless repugnant to the Context or meaning there of

include its successors, administrators and assigns) having awarded

to M/s ________________________________________________________________

with its Registered /Head Office at _________________________________________

(Hereinafter referred to as the ‘Contractor’ which expression shall unless

repugnant to the context or meaning thereof, include its successors,

administrators, executors and assigns), a contract by issue of Owner’s Letter of

Intent No. ________________ dated__________ and the same having been

unequivocally accepted by the contractor resulting in a “contract” bearing No.

_________________________________ dated________________valued at

___________________ for ___________________ (scope of contract) and contractor

having agreed to provide a contract performance guarantee for the faithful

performance of the entire contract equivalent to*_________%(Percent) of the said

value of the contract to the owner.

Page 98 of 112

We ____________ (Name & address) _________________________________

______________________________________________________________________

having its Head Office at ________________________________(hereinafter referred

to as the ‘Bank’, which expression shall, unless repugnant to the context or

meaning thereof, include its successors, administrators, executors and assigns) do

hereby guarantee and undertake to pay the owner, on demand any and all

monies payable by the contractor to the extent of ___________________________ as

aforesaid at any time up to __________________ (days/month/year) without any

demur, reservation, recourse or protest and/ or without any reference to the

contractor. Any such demand made by the Owner on the Bank shall be conclusive

and binding not withstanding any difference between the Owner and Contractor

or any dispute pending before any court, tribunal or any other authority. The

Bank undertakes not to revoke this guarantee during its currency without

previous consent of the Owner and further agrees that the guarantee herein

contained shall continue to be enforceable till the Owner discharges this

guarantee.

The Owner shall have the fullest liberty without affecting in any way the liability

of the Bank under this guarantee from time to time to extend the time for

performance of the contract by the contractor. The owner shall have the fullest

liberty, without affecting this guarantee, to postpone from time to time the

exercise of any power, vested in them or of any right which they might have

against the contractor, and to exercise the same any time in any manner, and

either to enforce or to forbear to enforce any covenants, contained or implied, in

the contract between the Owner or any other course of or remedy or security

available to the Owner. The Bank shall not be released of its obligations under

these presents by any exercise by the Owner of its liberty with reference to the

matters aforesaid or any of them or by reason of any other acts of omission or

commission on the part of the owner or any other indulgence shown by the

Owner or by any other matters or thing whatsoever which under law would, but

for this provision, have the effect of relieving the Bank.

The Bank also agrees that the Owner at its option shall be entitled to enforce

this Guarantee against the bank as a principal debtor, in the first instance without

proceeding against the contractor and notwithstanding any security or other

guarantee that the owner may have in relation to the contractor’s liabilities.

Notwithstanding anything contained herein in above our liability under this

guarantee is restricted to ______________________ and it shall remain in force up

to and including ____________________________** and shall be extended from

time to time for such period (not exceeding one year), as may be desired by

Page 99 of 112

M/s _________________________whose behalf this guarantee has been given.

Dated this __________ day of ___________ 20______ at ________________________

WITNESS:

___________________ __________________________

(Signature) (Signature)

____________________ __________________________

(Name) (Bank’s Rubber Stamp)

____________________ (Name)_____________________

(Official address)

___________________________

Designation with Bank Stamp

____________________________

Attorney as per power of

Attorney

No.________________________

Dated: ______________________

Note: - Please see clause 4 of part III Financial and Commercial terms.

Note: - While issuing Bank Guarantee; issuing Bank must furnish the following

details: - (i) Name and Address of Bank (Branch) (ii) Phone No. (iii) Fax no. (iv)

Email Address.

Page 100 of 112

Annexure – XI

Letter of Undertaking towards PF Code

(Applicable to bidders who do not possess the PF code)

(On a non judicial stamp paper of value not less than Rs.100/-)

I/We hereby confirm that I/We am/are not registered with any of the

Regional Provident Fund Authorities and /or I/We am/are not possessing a valid

provident code number at present.

I/We hereby undertake to register with Regional Provident fund

Authorities and/or obtain a valid provident fund code number within one month

from the date of issue of Letter of Intent/Letter of Award of Contract whichever is

earlier.

I/We also agree that any payment due to us arising out of the execution of

the contract shall be released by the owner only after submission of a copy of the

valid PF code number to us.

Signature of bidder with seal

Page 101 of 112

Annexure - XII

DETAILS OF TURNOVER Details of Turn Over ------------------------------------------------------------------------------------------------------- Sl.No. Period Turnover ------------------------------------------------------------------------------------------------------- 1. 2014-15 2. 2015-16 3. 2016-17 4. Average Annual turnover for the preceding three (3) completed financial years as on date of opening. Note: (i) Use additional sheets of same format, if required,

(ii) Attach list of work (Schedule) separately in similar format. (iii) Attach your printed literature as separate reference documents only. (iv) Please attach documentary evidence in support of declared turnover like

Annual report etc.

(Signature)……………………… Printed Name of Authorized person having Power of Attorney…………… Designation………………………… Date & Place Common seal of Firm

Page 102 of 112

Annexure - XIII

Format of letter of credit

Type of L/C Irrevocable

Date & Place of L/C

Name & Address of Applicant NMDC Limited

Name & Address of the Beneficiary

Currency & Amount of Credit (in Figures

& Words)

Variation in L/C amount or additional amount permitted

Usance of the Drafts

Credit available with / by by Advising Bank / Payment

Drafts to be drawn on _____________________________________ __, India

Validity of Letter of Credit

Partial Shipment :

Transshipment :

Shipment from : ---------- Air / Sea Port

Shipment to : ----------- Air / Sea port

Latest Shipment Date

Description of Goods

Documents Required As per Separate Annexure enclosed.

Page 103 of 112

Specify, if any charges are to beneficiary's account

All Charges outside India to beneficiary’s account.

Documents to be presented

Within 7 days / 21 days in case of Air / Sea shipment as the case may be.

Confirmation Instructions

If beneficiary wishes to be confirmed, at their cost.

Credit to be advised to the beneficiary through (Bank)

Bank Name …………. A/c No……….

Swift Code……….

Annexure - XIV Format relating to seeking Solvency information of a bidder, as per requirements of a tender: FORMAT OF SOLVENCY CERTIFICATE (To be issued by Banker of the bidder) To the best of our knowledge and information, M/s………………. a customer of our bank, is a known company and may be regarded as good up to a sum of deposit of ……………………. US $ / INR etc. (currency) as on (cut off date ………………………) OR The Company has sanctioned credit limit of ……………………… US $ / INR etc. (currency) from our bank out of which unutilized balance as on cut off date is ……………………… US $ / INR etc. (currency). This certificate is issued at the request of M/s …………………………………………. Yours faithfully ( ) Name, authorized designation and seal Name of the bank

Page 104 of 112

Annexure - XV

CHECK LIST

Sl. No

Documents Submitted Yes/No

A Part- I

1 Letter of Undertaking as per Annexure I

2 Earnest Money Deposit

3 Cost of bid document

4 Information about the tenderer as per Annexure III

5 Power of Attorney of signatory to the tender as per tender stipulations.

6 Copy of PAN no by IT department, GSTIN No. by service tax authorities, Copy of P.F. Registration no. allotted by RPFC or an Letter of undertaking as per Annexure XI

7 DETAILS OF EQUIPMENTS, TOOLS AND TACKLES ETC. THE TENDERER PROPOSES TO DEPLOY FOR THIS WORK – Annexure VIII

8 Details of work done during the last seven years as per pre qualification requirement as per Annexure IV

9 Details of Current Commitments of the tenderer as per Annexure V

10 Statement of Exceptions & Deviations taken from the tender conditions by tenderer as per Annexure VI

11 Proposed Organization set up for the project at site as per Annexure VII

12 Dummy Price Schedule without quoting the rate duly signed and stamped on all pages.

13 Original Solvency Certificate of the stipulated amount as per Annexure XIV Form newly added / Line of Credit(Letter of Credit)– Annexure XIII

14 Audited Profit and Loss account and Balance sheet for the last three Financial Years and Annual turnover as per Form A along with supporting documents (Income tax acknowledgement etc)

15 Amendments/corrigenda/addenda etc. if any

16 Declaration by the tenderer in their letter head that the firm is not blacklisted by any Government body/PSU

17 List of information regarding any litigation, current or during last five years in which the tenderer is involved and Parties concerned and disputed amount

18 Undertaking on tenderer’s letter head for obtaining labour license from Labour Inspectorate as required for taking up the work

19 Copy of site visit certificate issued by NMDC

20 Declaration of Relationship, if any with owners employees/Director(s)

21 Copy of TD duly signed on all pages as token of unconditional acceptance

22 Integrity pact as per annexure XVII

B Part II

23 Price Bid

Page 105 of 112

Page 106 of 112

Annexure – XVII

INTEGRITY PACT

Between

NMDC LIMITED hereinafter referred to as “The Principal”/, Employer

And

_______________ hereinafter referred to as “The Bidder /Contractor”

(In case of consortium, names of all the members to be mentioned)

Preamble

The Principal intends to award a contract, under laid – down organizational procedures,

contract/s for (Description of the Equipment). The Principal values full compliance with

all relevant laws and regulations and the principles of economical use of resources and

of fairness and transparency in its relations with its Bidder /s and /or Contractor(s).

In order to achieve these goals, the Principal cooperates with the renowned international

Non – Governmental Organization, “Transparency International” (TI). Following TI’s

national and international experience, the Principal will appoint an External

Independent Monitor who will monitor the tender process from the beginning till

execution of the Contract for compliance with the principles mentioned HEREIN.

Section 1 – Commitments of the Principal: -

(1) The Principal commits itself to take all measures necessary to prevent corruption and

to observe the following principles:-

i. No employee of the Principal, personally or through family members, will in

connection with the tender for, or the execution of a Contract demand, take a promise

for or accept, for him / herself or third person, any material benefit which he / she is not

legally entitled to;

ii. The Principal will, during the tender process, treat all Bidders with equity and reason.

The Principal will in particular, before and during the tender process, provide to all

Bidders the same information and will not provide to any Bidder confidential /

additional information through which the Bidder could obtain an advantage in relation

to the tender process or the Contract execution;

iii. The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anticorruption Laws of India, or if there be a

substantive suspicion in this regard, the Principal will inform its Vigilance Office and in

addition can initiate disciplinary action.

Page 107 of 112

Section 2 – Commitments of the Bidder / Contractor

(1) The Bidder / Contractor commits himself to take all measures necessary to prevent

corruption. He commits himself to observe the following principles during his

participation in the tender process and during the Contract execution:

I. The Bidder / Contractor will not, directly or through any other person (s) or firm, offer,

promise or give to the Principal, to any of the Principal’s employee involved in the

tender process or the execution of the Contract or to any third person any material or

immaterial benefit which he / she is not legally entitled to, in order to obtain, in

exchange an advantage during the tender process or the execution of the Contract.

II. The Bidder / Contractor will not enter with other Bidders into any Illegal agreement

or understanding, whether formal or informal. This applies in particular to prices,

specifications, certifications, subsidiary contracts, submission or non – submission of

bids or actions to restrict competitiveness.

III. The Bidder / Contractor will not commit any criminal offence under the Relevant

Anti- corruption Laws of India; further, the Bidder / Contractor will not use improperly,

for purposes of competition or personal gain, or pass on to others, any information

provided by the Principal as part of the business relationship, regarding plans, technical

proposals and business details, including information contained or transmitted

electronically.

IV. The Bidder / Contractor will, when presenting his bid, disclose any and all payments

he has made, is committed to or intends to make to agents, brokers or any other

intermediaries in connection with the award of the Contract.

(2) The Bidder / Contractor will not instigate third persons to commit Offences outlined

above or be an accessory to such offences.

(3) The Bidder / Contractor may indicate the advantage of his offer compared to the

tender terms and conditions. The Bidder / Contractor shall not make any commitment

whatsoever on the offers / products of other bidder(s) thereby influencing the principal

to take decision in favor of the former.

Section: 3 – Disqualification from tender process and exclusion from future contracts

1. If the Bidder, before Contract award, has committed a serious transgression through

violation of Section 2 or in any other form such as to put his reliability or credibility as

Bidder into question, the Principal is entitled to disqualify the Bidder from the tender

process or to terminate the Contract, if already signed, for such reason.

2. If the Bidder / Contractor has committed a serious transgression through a violation of

Section 2 as to put his reliability or credibility into question, the Principal is entitled also

to exclude the Bidder / Contractor from future Contract award processes. The imposition

and duration of the exclusion will be determined by the severity of the transgression.

Page 108 of 112

The severity will be determined by the circumstances of the case, in particular the

number of transgressions, the position of the transgressors within the company

hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed

for a minimum of six (6) months and a maximum of three (3) years.

3. If the Bidder / Contractor can prove that he has restored / recouped the damage

caused by him and has installed a suitable corruption prevention system, the principal

may revoke the exclusion prematurely.

4. A transgression is considered to have occurred if in light of available evidence no

reasonable doubt is possible.

Section 4 – Forfeiture of Earnest Money Deposit/Security Deposit

1). If the Principal has disqualified the Bidder from the tender process prior to the award

according to Section 3, the Principal is entitled to forfeit the bidders Earnest Money

Deposit.

2). If the Principal has terminated the Contract according to Section 3, or if the Principal

is entitled to terminate the Contract according to Section 3, the Principal shall be entitled

to forfeit the bidders Earnest Money Deposit/ Security Deposit.

Section 5 – Previous Transgression

(1). The Bidder declares that no previous transgressions occurred in the last three years

with any other company in any country confirming to the TI approach or with any other

Public Sector Enterprise in India that could justify its exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from

the tender process or the contract, if already awarded, can be terminated for such reason.

Section 6 – Equal treatment of all bidders / contractors / Subcontractors

(1) The Bidder /Contractor undertake to demand from all subcontractors the

commitment consistent with this integrity pact, and to submit it to the principal before

contract signing.

(2) The principal will enter into agreement with identical conditions as this one with all

bidders, contractors and sub contractors.

(3) The principal will disqualify from the process all bidders who do not sign this pact or

submit to the Principal along with the offer.

Section 7 – Criminal charges violating Bidders/Contractors/Sub-Contractors

Page 109 of 112

If the Principal obtains knowledge of conduct of a Bidders/Contractors/Sub-Contractors,

or of an employee or a representative or an associate of a Bidders/Contractors/Sub-

Contractors which constitutes corruption, or if the principal has substantive suspicion in

this regard, the principal will inform the vigilance office.

Section 8 – External Independent Monitor

(1) The Principal appoints competent and credible external independent Monitor for this

Pact. The task of the monitor is to review independently and objectively, whether and to

what extent the parties comply with the obligations under this agreement.

(2) The monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently. He reports to the Chairman of the

Board of the Principal.

(3) The Monitor has the right to access without restriction to all Projects documentation

of the Principal. The Contractor will also grant the monitor, upon his request and

demonstration of a valid interest, unlimited access to his project documentation. The

same is applicable to Subcontractors. The Monitor is under contractual obligation to

treat the information and documents of the Bidder/Contractor/Sub-Contractor with

confidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetings

among the parties related to the Project provided such meetings could have an impact

on the contractual relations between the Principal and the Contractor. The parties offer

to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he

will so inform the Management of the Principal and request the Management to

discontinue or heal the violation, or take other relevant action. The monitor can in this

regard submit non-binding recommendations.

Beyond this, the Monitor has no right to demand from the parties that they act in a

specific manner, refrain from action or tolerate action.

(6) The Monitor will regularly submit a written report to the Chairman of the Board of

the Principal and, should the occasion arises, submit proposals for correcting

problematic situations.

(7) If the Monitor has reported to the Chairman of the Board a substantiated suspicion of

an offence under relevant Anti- Corruption Laws of India, and the Chairman has not,

with reasonable time, taken visible action to proceed against such offence or reported it

to the Vigilance Officer, the Monitor may also transmit this information directly to the

Central Vigilance Commissioner, Government of India.

Section 9 –Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 12

months after the last payment under the respective contract, and for all other Bidder’s 6

months after the contract has been awarded.

Page 110 of 112

Section 10 – Other provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the

Corporate Office of the Principal.

(2) Changes and supplements as well as termination notices need to be made in writing.

Side agreements have not been made.

(3) Should one or several provisions of this agreement turn out to be invalid, the

remainder of this agreement remains valid. In this case, the parties will strive to come to

an agreement to their original intentions.

_________________________ ______________________________

For the Principal for the Bidder / Contractor

Place: ………………….. Witness 1: ………………………

Date: ……………………. Witness 2: …………………….

Page 111 of 112

PROFORMA FOR CERTIFICATE REGARDING COMPLETENESS OF INTEGRITY

PACT

Ref : Dated :

To

NMDC Ltd.

Donimalai Iron Ore Mine

PO Donimalai township

Pin 583118

District Bellary

Karnataka State

Dear Sirs,

I*/We* certify that I/ We have enclosed in Part A of our offer relating to the

____________________________ (full scope of work), “Integrity Pact” duly signed and

strictly as per the proforma enclosed along with the Tender Document.

Signature along with Seal of Co.

__________________________________

(Duly authorised to sign the

Tender on behalf of the Contractor)

Name ___________________________

Designation ______________________

Name of Co. _____________________

(In block letters)

Date & Postal Addr

Page 112 of 112

PART-B

(PRICE BID)

SCHEDULE OF RATES Description of Equipments

employed

Equipment

make &

Model and

capacity

Unit of

measu-

rement

Guaranteed operating Hours

required for 1000 Tons of

excavation

Rate of hire charges in

Rupees per operating

hour.

Amount in Rupees for Excavation of 1000 Ton

WASTE ORE WASTE ORE WASTE ORE

In figure In words In figure In word

1 2 3 4

5 6 7 8 9 10 11

a) 4 ½’’ dia Crawler / wagon drill

(including compressor and other

accessories. Secondary drilling if

any should also be inclusive of

primary drilling).

Hours

b) Hydraulic shovel/Front End

loader of suitable capacity to

work in 6 mtrs height bench.

Hours

c)Tipper (25 T Capacity) Hours

d)Dozing equipment 250 HP

range

Hours

e) Weighment charges for 1000 T

f) Total for 1000 T of Ore and Waste (BHJ & Shale)

g) Goods and Service Tax (@_____________%)

Grand Total for excavation of 84LT of waste + 24LT of Ore

Grand total amount in words Rupees………………………………………………………………………….

All terms and conditions are acceptable to me/us. I have no other condition(s).

Note: 1. The rates quoted should be inclusive of all taxes and duties other than GST.

2. Goods & Service Tax shall be quoted separately in the row against item ‘f ’ above, refer Clause No. 26 of Part-I-Instruction to

Bidders at page no. 26 regarding Goods & Service Tax.

3. GST Invoice submitted by the party shall indicate the Basic prices, taxes etc. Without the indication of the applicable taxes in the GST invoice, the GST invoice will

not be entertained.

Signature of the Bidder with seal.